Prasad S/O Anilrao Deshmukh v. Dilip S/O Ruprao Deshmukh

1 / 2 49.wp5877.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5877 OF 2023 Prasad s/o Anilrao Deshmukh Vs.

Dr. Dilip s/o Ruprao Deshmukh ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. S.V. Bhutada, Advocate for petitioner.

Mr. V.R. Chaudhari, Advocate for respondent.

CORAM : N.R. BORKAR, J.

DATE : 24.10.2024.

This petition takes exception to the order dated 20.07.2023 passed by the learned Joint Civil Judge Senior Division, Amravati, in Special Civil Suit No.29/2013.

2.

The petitioner herein has filed a suit for specific performance of contract.

3.

By the order impugned, the learned trial Court has rejected the application filed by the present petitioner to refer the issue of tenancy to the competent authority under Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958. 4.

I have heard the learned for the parties and perused the impugned order. The issue of tenancy is wholly irrelevance for the purpose of Prity

2 / 2 49.wp5877.2023 deciding the suit for specific performance. In that view of the matter no interference is called for in the impugned order. The petition is dismissed.

(N.R. BORKAR, J.) Prity