Dhanajirao Shivajirao Patil v. Shubhangi Sachin Thorat

2024:BHC-AS:41857 11 Wp-11945-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 11945 OF 2024 Dhanajirao Shivajirao Patil Age : 58 yrs., Occu.- Agriculture R/o. Yelavi, Tal. - Tasgaon, Dist. - Sangli

...Petitioner

vs.

1. Shubhangi Sachin Thorat Age : 46 yrs., Occ. Agriculture R/o. Yelavi, Tal. - Tasgaon, Dist. - Sangli

...Respondent

***** Ms. Rati S. Sinhasane Advocate for the Petitioner ***** CORAM :

S. M. MODAK, J.

DATE :

16th OCTOBER 2024 P. C. :- 1.

Heard learned Advocate for the Petitioner-Plaintiff. 2.

The suit is for specific performance. Even though both the Parties have closed the evidence on 09.12.2019, the Plaintiff has taken several steps for re-opening of that order. Firstly, he filed an application on 17.02.2020 for giving additional evidence. It was rejected on 15.01.2021 by the trial Court. The application of the amendment was Seema 1/2

11 Wp-11945-2024.doc rejected by the trial Court on 25.01.2022 page no. 55 and it is confirmed by this Court on 21.04.2023, page no. 56. Now it is fresh attempt to examine the attesting witness to the agreement for sale. It was rejected by the trial Court on 16.09.2023. 3.

I have read it. I do not find any interference is required. 4.

Writ Petition is dismissed. If suit goes against the Plaintiff then in an appeal, plaintiff can take all these grounds. Court to ascertain the facts.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 21/10/2024 15:35:35