Ashok Babanrao Khokrale v. Goraksh Alias Gorakhnath Shankar Sudrik And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11260 OF 2018 (Ashok s/o Babanrao Khokrale Vs. Goraksh Shankar Sudrik and others) Mr.M.R.Sonawane, Advocate for the petitioner. ( CORAM : Ravindra V.Ghuge, J.) DATE : 09/10/2018 PER COURT :

1.

The petitioner / original plaintiff is aggrieved by the order dated 21/02/2018 passed by the Trial Court on application Exh.33 in Spl.Civil Suit No.180/2016.

2.

The contention of the plaintiff is that as he is willing to deposit the amount of Rs.98,02,000/- before the Trial Court, the defendants must commit a specific date for executing a sale deed in the plaintiff's favour.

3.

I do not find that this petition needs to be kept pending considering the directions of the Trial Court that, on the one hand, the plaintiff shall deposit the amount and on the other hand, the defendants should intimate the date on which the sale deed can be executed.

khs/OCT.2018/11260-d

4.

I find that the apprehension of the petitioner/plaintiff is misplaced for the reason that after he deposits the amount, if the defendants do not commit the date for executing a sale deed, the petitioner can seek further directions from the Trial Court. 5.

With the above directions, this petition is disposed of. ( Ravindra V.Ghuge, J.) Kranti Hansraj Shekatkar by Kranti Hansraj Shekatkar Date: 2018.10.09 05:46:06 +0530 khs/OCT.2018/11260-d