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2002 Supreme(Bom) 748

F.I.REBELLO
Pratapsing Ganpatrao Kadam – Appellant
Versus
Maruti Raghunath Todkar (through L. Rs. ) – Respondent


Advocates:
Y. S. Jahagirdar, Sr. Counsel with P. S. Dani, for Petitioner; S. B. Deshmukh holding for A. V. Antorkar (for No. 1B) and R. L. Khadapkar holding for R. G. Ketkar (for Nos. 4 and 5), for Respondents.

ORDER :- Though ad interim relief in terms of prayer clause (d) was granted on 3rd July, 2002 and notice was issued, there is no formal order admitting the review petition. Admitted, by consent heard forthwith.

2. The present application for review is filed against the order dated 1st February, 2001. The respondents who were the plaintiff before the trial Court had filed the suit under Section 6 of the Specific Relief Act. The suit came to be dismissed. That suit was filed beyond the period prescribed by Section 6 for instituting a suit for possession. The respondents before this Court contend, that they had earlier initiated proceedings by invoking the extraordinary jurisdiction of this Court. That petition was not entertained by this Court on the ground that there were disputed questions of fact. However, while disposing of the writ petition, this Court observed that petitioners were at liberty to take such other legal steps as are advised. It is based on this order, that the suit under Section 6 came to be filed. Along with the suit the plaintiffs-respondents herein also moved an application under Section 14 of the Limitation Act to exclude the period when the petition was pendin



























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