1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5583/2010 ( Champalal Bhagwant Dhangar & others -: VERSUS :- Ramdas Garbad Borse ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S.R. Deshpande, Adv. for petitioners. CORAM : B.P. DHARMADHIKARI, J. DATED : 19 th NOVEMBER 2010. Heard. In a suit for specific performance of contract the respondent – plaintiff filed M.J.C. styling as an application under Order IX Rule 4 C.P.C. and sought time to deposit the amount as per decree. He also filed another application under section 5 of the Limitation Act for condonation of delay. The Civil Judge (Senior Division), Malkapur found that suit for specific performance was itself pending and application ought to have been filed under section 28 of the Specific Relief Act. The prayer for condonation of delay was therefore, found to be misconceived and rejected. The impugned order shows that all contentions are left open and can be gone into by trial court while deciding 2 the M.J.C. No.75/1991. I, therefore, do not find any jurisdictional error or perversity in the impugned order. With liberty to petitioner to challenge the order passed in said M.J.C., if any, at appropriate juncture writ petition is disposed of. It is made clear that if necessary petitioner can in that eventuality also challenge the observations, if any, in the impugned order dated 27/7/2010. JUDGE Tambaskar.