Shanoor Marzaban Bharucha v. Dagadu Maruti Khandve

k 1/2 17 sa 92.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.92 OF 2024 Shanoor Marzaban Bharucha ....Appellant V/S Dagadu Maruti Khandve ....Respondent ...

Mr. G.S. Godbole, Senior Advocate with Mr. Kaustubh Thipsay i/b Mr. Pradeep Salgar for the Appellant.

...

CORAM: SANDEEP V. MARNE, J.

DATE : FEBRUARY 15, 2024.

P.C.:

Heard Mr. Godbole, the learned Senior Advocate appearing for the Appellant. The Second Appeal is admitted on following substantial questions of law:

i) Whether acceptance of part consideration and execution of sale deed by Defendant Nos.2 to 5 on 28 January 2010 would save Plaintiff's suit from limitation or whether limitation needs to be computed from the date for performance as originally agreed between the parties?

ii) Whether execution of sale deed by Defendant Nos.2 to 5 on 28 January 2010 would prove readiness and willingness on the part of the Plaintiff to have the sale transaction effected? katkam 1/2

k 2/2 17 sa 92.24 as.doc iii) On the basis of evidence on record whether the finding of First Appellate Court about absence of readiness and willingness on the part of the Plaintiff sustainable?

Printing dispensed with. Appellant to file private paper book within a period of one year from today.

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.02.17 11:03:12 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2