Barkha Agarwal And ANR v. Rajinder Singh Chandok And ORS
52-wp-12946-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12946 OF 2025 Barkha Agarwal And Anr ...
Petitioners V/s.
Rajinder Singh Chandok And Ors.
...
Respondents ------------------- Mr. Yash Jain with Santosh Salekar I.by Halai and Co, for the petitioners.
--------------------
CORAM
:
N.J. JAMADAR, J.
DATE :
6TH OCTOBER 2025.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2025.10.08 10:40:15 +0530 PC:
VARSHA DEEPAK GAIKWAD 1.
Heard the learned counsel for the petitioners. 2.
The learned counsel for the petitioners, on instructions, seeks leave to withdraw the petition. The learned counsel further submits that the question of limitation with regard to the prayer of specific performance of the oral agreement by way of counter claim be kept open for adjudication. The learned counsel also seeks liberty to file a written statement to the counterclaim.
3.
In view of the decision of the Supreme Court, in the case of Raghukul Tilak vs Pitam Singh And Ors1, while allowing an amendment in the plaint, the question of limitation can be kept for 1 (1931) AIR ALL 99 varsha
52-wp-12946-2025.doc adjudication at the trial.
4.
In a case of this nature where the ground of limitation to the tenability of the prayer for specific performance of the oral agreement, by way of counterclaim, was raised, the trial Court ought to have kept the issue of limitation open for adjudication, at the trial. 5.
The petition thus stands disposed, keeping the issue of limitation qua the prayer for specific performance of the oral agreement, by way of counterclaim, open for adjudication at the trial. 6.
The petitioners/respondents are granted liberty to file a written statement to the amended counter claim within a period of four weeks from today.
7.
Having regard to the institution of the suit in the year 2012, the learned Civil Judge is requested to make an endeavour to hear and decide the suit as expeditiously as possible. 8.
The petition stands disposed.
(N.J. JAMADAR, J) varsha