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2023 Supreme(Bom) 1862

VINAY JOSHI
Chetan Goradhandas Khumbawat – Appellant
Versus
Jaywant Moreshwar Patil – Respondent


Advocates appeared:
Manoj Bhatt, Advocate, Ashutosh Gole, Advocate

JUDGMENT/ORDER

1. This is an application seeking condonation of delay of 3 years, 3 months and 11 days in fling the Second Appeal. The Applicants along with a partnership frm had initially fled Regular Civil Suit No.93 of 2008 for declaration, injunction and for specifc performance. It was the case of the Applicants that the original Defendants had executed the agreement dtd. 25/3/1993 to transfer, sell and alienate the suit property in favour of the Applicants (Plaintiff Nos.2 and 3). Lateron Plaintiff Nos.2 and 3 had reassigned their rights in favour of Plaintiff No.1 vide document dtd. 27/7/1993. After completion of the pleadings, the Trial Court has framed the issues. Defendants objected to the maintainability of the Suit on the ground that the suit of unregistered partnership frm is not maintainable. The said objection caused the Trial Court to hear the issue of maintainability as preliminary issue. The Trial Court has decided the preliminary issue in favour of the Defendants by holding that the suit is not maintainable and accordingly, it was dismissed vide Order dtd. 28/4/2015.

2. Being aggrieved, the Applicants (Plaintiff Nos.2 and 3) have preferred Regular Civil Appeal No.17

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