Shilkumar Alias Shantinath Babaso Patil v. Rajendra Annasaheb Chougule

23.1565.25 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1565 OF 2025 INTERIM APPLICATION NO. 1566 OF 2025 IN SECOND APPEAL ST NO. 34377 OF 2024 Shilkumar alias Shantinath .....Applicant Babaso Patil Vs.

Rajendra Annasaheb Chougule and anr .....Respondents WITH INTERIM APPLICATION NO. 1608 OF 2025 IN SECOND APPEAL ST NO. 34337 OF 2024 Shilkumar alias Shantinath .....Applicant Babaso Patil Vs.

IRESH MASHAL Narendra Annasaheb Chougule and anr .....Respondents Digitally signed by IRESH MASHAL Date:

2025.02.18 12:50:52 +0530 Mr. Ishaan Kapse Advocate for the Applicant CORAM : GAURI GODSE, J.

DATE :

11th FEBRUARY 2025 ORDER:

1.

These applications are for condonation of delay in filing the 1/2

23.1565.25 ia.docx second appeal. Learned counsel for the applicant relies upon the particulars mentioned in the applications regarding the technical difficulties that arose in completing the formalities for filing the second appeals through E-portal.

2.

On the merits of the second appeals, learned counsel for the appellant submits that the second appeals would raise substantial question of law on the point of readiness and willingness of the plaintiff to seek specific performance in the year 1988, of all the agreements executed in the year 1985. He submits that in view of filing of a suit for permanent injunction, prior to the filing of the present suit for specific performance, it would also raise bar of Order II Rule 2 of Code of Civil Procedure, 1908.

3.

In view of the aforesaid, issue notice to the respondents, returnable on 8th April 2025.

4.

In addition to Court notice, learned advocate for the appellant shall serve the respondents by private notice and file affidavit of service before the next date.

[GAURI GODSE, J.] 2/2