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2015 Supreme(Bom) 261

R.M.SAVANT
Mukund Iron Staff Association Co-op. Housing Society Ltd. – Appellant
Versus
Vasant Ramchandra Patil, since deceased through legal heirs – Respondent


Advocate Appeared:
For the Petitioner:S.M. Oak i/by Sagar Joshi, Advocates.
For the Respondents:r1, Ibrahim Merchant i/by Kvaiyar & Associates, R2, Abdul Latif N Khatri, R9 to R15, V.N. Bodke i/by M/s. Chitnis Vaithy & Co., Advocates.

Judgment :-

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 2/8/2013 passed by the learned Judge of the City Civil Court, Greater Bombay by which order the Application being Notice of Motion No.2461 of 2013 filed by the Petitioner/Plaintiff for recalling of its witness and tendering additional affidavit of examination in chief, for leading evidence in terms of Section 16(c) of the Specific Relief Act, 1963 came to be rejected.

3. Shorn of unnecessary details, a few facts, which are necessary for the adjudication of the above Petition, can be stated thus:

The Petitioner herein is the original Plaintiff and the Respondents herein are the original Defendants in the suit which was initially filed in this Court being H C Suit No.2526 of 1988. The said suit was filed for specific performance of 4 agreements dated 13/2/1975 in respect of 4 pieces of land which were agreed to be sold to the Plaintiff. The Plaintiff is a Co-operative Housing Society of the employees of one Mukund Iron. It seems that the Plaintiff had also purchased other plots of land from the Defenda

































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