Shri. Vishwanath Shankar Mungali And ORS v. Shri. Sikandar Abdulsha Fakir

46-wp-12934-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12934 OF 2024 Vishwanath Shankar Mungali & Ors.

... Petitioner V/s.

Sikandar Abdulsha Fakir ... Respondent SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2025.01.21 17:59:22 +0530 Mr. Akshay A. Kulkarni for petitioner.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 21, 2025 P.C.:

1.

Issue notice for final disposal to the respondent, returnable on 4 March 2025.

2.

Prima facie, it appears that an agreement has time barred as the period of execution of sale deed is mentioned in the agreement and, therefore, prima facie it is covered by Part I of Article 54 of the Limitation Act. Therefore, in view of the judgment in the case of L. C. Hanumanthappa (Since Dead) By his Lrs. Vs. H. B. Shivkumar, 2016 (1) SCC 332, the petitioner has made out a case for grant of ad-interim relief.

3.

Hence, till the next date, there shall be ad-interim relief in terms of prayer clause (c) (AMIT BORKAR, J.)