Govinda Dnyanba Bobde v. Narayan Rajaram Bobde

(1) 19.wp.5319.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5319 OF 2021 Govinda Dnyanba Bobde Vs.

Narayan Rajaram Bobde --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. S. Kurekar, Advocate for petitioner.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/12/2021 Heard Mr. Kurekar, learned counsel for the petitioner, who challenges the order dated 26.07.2019 by which the application at Exh.22 filed under Order 7 Rule 11 (d) of CPC was allowed and the counter-claim was rejected. The admitted position on record is that the counter-claim raised a plea for specific performance of an agreement dated 30.04.2000, which contained the date for execution of the sale deed as 18.10.2000 and the counter-claim was filed on 03.07.2019. Apparently, on the own averments, as contained in the counter-claim, the same clearly was barred by limitation, as contained in Article 54 of the Limitation Act, the counter-claim having been filed almost 19 years after the date fixed, considering which, I do not see any infirmity in the impugned order. The petition is without merit and is rejected.

SARKATE 12:18 JUDGE Sarkate