Shri. Samrendra S/O Ravindranath Mishra v. Ramdas S/O Ziblaji Belkhede

2024:BHC-NAG:2493 15.wp.1448.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1448 OF 2024 Shri Samrendra S/o Ravindranath Mishra .Vs. Ramdas S/o Ziblaji Belkhede Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Rao, Advocate for petitioner.

CORAM : ANIL S. KILOR, J.

DATED : 01/03/2024 1.

The petitioner/decree holder who was supposed to deposit the amount directed by the learned trial Court on or before two months from the date of the decree dated 17.11.2009 passed in a suit for specific performance, towards consideration amount, was not deposited and after more than twelve years, the application was moved for grant of permission to deposit the balance consideration amount. The said application came to be rejected vide order dated 17.07.2023 by not accepting the case of the petitioner that, due to inadvertence the amount was not deposited. 2.

It is to be noted that, the execution proceeding filed by the decree holder is pending since last couple of years.

3.

In the circumstances, I do not find any error committed by the learned trial Court in rejecting the application. Accordingly, the writ petition is dismissed. JUDGE C.L. Dhakate