PALSHETKAR & CO Vs. MANGALA PRADHAN & ORS

JUDGEMENT

(1.) This Writ Petition challenges the order passed by the Bombay City Civil Court at Bombay dated 19 th August, 2019 (impugned order). In the trial Court the plaintiffs (petitioners herein) had fled a Notice of Motion for deleting issue No.12 which reads as under;

(2.) The premise on which the Notice of Motion was fled, was that the agreement dated 4th July, 1994 was not germane to decide whether the plaintiffs were entitled to specifc performance or otherwise and that this agreement did not form part of the pleadings. The learned Judge after hearing all parties, in paragraph 14 held as under;

(3.) I have heard the learned advocates appearing on behalf of the petitioners (original plaintiffs) as well as for respondent Nos.5 to 8. The learned advocates appearing for respondent Nos.5 to 8 have brought to my attention that the agreement dated 4th July 1994 expressly fnds mention in the Written Statement fled by defendant Nos.5 to 8. He submits that it is in this light that the above mentioned issue came to be framed. He submitted that the aforesaid issue is an important issue as recorded in the impugned order, and therefore, the trial Court correctly retained the issue and dismissed the Notice of Motion fled by the plaintiffs (the petitioners herein).