(914)-SA-679-22.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
SECOND APPEAL NO.679 OF 2022
signed by
BALAJI
BALAJI
GOVINDRAO
GOVINDRAO PANCHAL
WITH
PANCHAL Date:
2022.10.21
10:02:18
INTERIM APPLICATION NO.19310 OF 2022
+0530
Nandkumar Motilal Singhavi ..Appellant
Versus
Narayan Madu Patil ..Respondent
Mr. Atul Damle, Senior Advocate a/w Abhay Dhadiwal & Priyank Daga i/
by Jayakar & Partners, for the Appellant.
Mr. Chetan V. Bhadane, for the Respondent.
CORAM : NITIN W. SAMBRE, J.
DATE : 20th OCTOBER, 2022 P.C.
1. Drawing support from the judgment of Apex Court in the matter of Man Kaur Vs. Hartar Singh Sangha reported in (2010) 10 SCC 512, particularly, paragraph 17, Mr. Atul Damle, learned senior counsel would urge that the agreement of sale dated 12 th February, 2007 was not proved, as the plaintiff who is signatory was not examined. There appears to be substance in the contention.
2. As such, issue notice to the respondent, returnable on 6 th December, 2022.
3. There shall be stay to the execution.
4. Call record and proceedings.
BGP. 1 of 2
(914)-SA-679-22.doc.
[NITIN W. SAMBRE, J.]
BGP. 2 of 2