Sarojini Ravindra Sulochane v. Rajendra Shamkant Shivarame And ANR

P2.WP.9773.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9773 OF 2024 Sarojini Ravindra Sulochane .. Petitioner

Versus

Rajendra Shamkant Shivarame and Anr.

.. Respondents ....................

 Mr. Mahendra Agavekar, Advocate for Petitioner. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 15, 2024 P.C.

:

1.

Mentioned. Not on Board. Taken on Board.

2.

Heard Mr. Agavekar, learned Advocate for Petitioner. 3.

Perused the praecipe dated 15.07.2024, the Writ Petition and the impugned order dated 05.02.2024 passed below Exhibit-110 in Special Darkhast No.20 of 2008.

4.

It is seen that there was a compromise pursis between the parties, however with the passage of time, the parties have not honoured the terms of the compromise pursis. An application is now made for sale of the concerned property in execution proceedings for seeking the share.

5.

Mr. Agavekar would submit that his client who is the sister is ready and willing to purchase the one-third share as agreed upon by the compromise pursis. However the question would be whether the

P2.WP.9773.2024.doc sister would be in position to said share today in the year 2024 when terms were set in the compromise pursis in the year 1997. This is because the rates of property have increased in the meanwhile. I will have to hear the Respondents.

6.

An arguable case has been made out by Mr. Agavekar for issuance of notice to Respondents.

7.

Hence, issue notice to the Respondents. Humdast permitted. In addition to Court's notice, Petitioner is directed to serve the Respondents a copy of this order and copy of the Writ Petition and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof. Respondents are directed to file Affidavit-in-Reply to the Writ Petition on or before the next date.

8.

Stand over to 22nd July, 2024.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.07.15 18:12:02 +0530 HARSHADA HANUMANT SAWANT