Bombay High Court
Sou. Sushila W/O Anandrao Urkude vs Shahi Gupta Masjid Chandrapur on 15 March, 2016
Bench: A.B. Chaudhari
SA424 & 425.02
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
SECOND APPEAL NO.424 OF 2002
AND
SECOND APPEAL NO.425 OF 2002
SECOND APPEAL NO.424 OF 2002
Sau. Sushila w/o Anandrao Urkude,
Aged about 35 years, Occupation :
R/o Anchaleshwar, Ward No.2,
Chandrapur, Tahsil and District Chandrapur. ..... Appellant.
:: VERSUS ::
Shahi Gupta Masjid Chandrapur,
Public Trust No.B. 3-C, Through
Shafi Mohd. Abdul Gafur, Aged
58 years, Occupation Service, President
of Plaintiff Trust, R/o Chandrapur
Anchaleshwar, Ward, Chandrapur. ..... Respondent.
=======================================
Shri M.L. Somalwar, counsel for the appelant.
None appears for the respondent.
=======================================
SECOND APPEAL NO.425 OF 2002
Balwant S/o Raoji Wagh (since deceased
through LRs)
1. Shobha Balwant Wagh,
Aged about 55 years, Occupation Labour.
2. Bandu Balwant Wagh,
Aged about 35 years, Occupation Labour.
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SA424 & 425.02
2
Both R/o Ward No.2, Tahsil and
District Chandrapur. ..... Appelalnts.
:: VERSUS ::
Shahi Gupta Masjid Chandrapur,
Public Trust No.B. 3-C,
Through Shafi Mohd. Abdul Gafoor,
Aged 58 years, Occupation Service,
President of Plaintiff Trust, R/o Chandrapur
Anchaleshwar, Ward, Chandrapur. ..... Respondent.
=======================================
Shri M.L. Somalwar, counsel for the appelant.
None appears for the respondent.
=======================================
CORAM : A.B. CHAUDHARI, J.
DATED : MARCH 15, 2016.
ORAL JUDGMENT.
1. Heard learned counsel for the appellants Shri M.L.
Somalwar. None appears for the respondent.
2. Second Appeal No.424 of 2002 challenges judgment and
decree dated 30.8.2002 passed by learned 2nd Ad-hoc Additional
District Judge, Chandrapur, in Regular Civil Appeal No.206 of 1994
whereby judgment and decree dated 29.8.1994 passed by learned 2 nd
Joint Civil Judge Junior Division, Chandrapur, in Regular Civil Suit
.....3/-
SA424 & 425.02
No.293 of 1990 was set aside; and Second Appeal No.425 of 2002
challenges judgment and decree dated 30.8.2002 passed by learned
2nd Ad-hoc Additional District Judge, Chandrapur, in Regular Civil
Appeal No.34 of 1994 whereby judgment and decree dated 3.1.1994
passed by learned Joint Civil Judge Junior Division, Chandapur, in
Regular Civil Suit No.283 of 1990 was set aside.
3.
Learned counsel for the appellants Shri M.L. Somalwar
had appeared in both these second appeals Yesterday, i.e. 14.3.2016.
None had appeared on behalf of the respondent. These appeals were
kept today in order to give an opportunity to the other side. However,
today when the appeals are called out, none appears on behalf of the
respondent.
I, therefore, proceed further.
4. Learned counsel for the appellants Shri M.L. Somalwar, in
both these second appeals, has shown this Court the certified copy of
judgment and decree dated 18.11.2013 in Second Appeal No.180 of
1995 and urged that this Court may pass the same judgment and
.....4/-
SA424 & 425.02
decree as was passed in the said second appeal i.e. Second Appeal
No.180 of 1995. He contends that the appellant, in that second appeal,
Namdeo and the appellants in these instant two appeals, are similarly
placed in the sense that they have also been occupying the suit
property of respondent Shahi Gupta Masjid Chandrapur Public Trust.
5. Learned counsel Shri M.L. Somalwar inviting my attention
to judgment and order dated 18.11.2013 submits that exactly the
same facts and issues are involved in these two appeals also and,
therefore, these two second appeals are required to be disposed of in
terms of judgment of this Court dated 18.11.2013 in Second Appeal
No.180 of 1995.
6. I have gone through judgment and order dated
18.11.2013 recorded by this Court in Second Appeal No.180 of 1995
so also the facts in these two appeals. I am satisfied that judgment
and order dated 18.11.2013 in Second Appeal No.180 of 1995 is
required to be followed in these two appeals also.
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SA424 & 425.02
7. That being so, following the judgment and decree dated
18.11.2013 passed in Second Appeal No.180 of 1995, this Court
makes the same order, as under:
ORDER
1) Second Appeal Nos.424 and 425 of 2002 are allowed
with costs.
2) The judgment and order dated 30.8.2002 passed by
learned 2nd Ad-hoc Additional District Judge, Chandrapur,
in Regular Civil Appeal No.206 of 1994 and decree drawn
up therein are hereby quashed and set aside, and
judgment and order dated 29.8.1994 passed by learned
2nd Joint Civil Judge Junior Division, Chandrapur, in
Regular Civil Suit No.293 of 1990 and decree drawn up
therein dismissing the suit of the plaintiff-trust with costs
are hereby confirmed.
3) The judgment and order dated 30.8.2002 passed by
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SA424 & 425.02
learned 2nd Ad-hoc Additional District Judge, Chandrapur,
in Regular Civil Appeal No.34 of 1994 and decree drawn
up therein are hereby quashed and set aside, and
judgment and order dated 3.1.1994 passed by learned
Joint Civil Judge Junior Division, Chandapur, in Regular
Civil Suit No.283 of 1990 and decree drawn up therein
dismissing the suit of the plaintiff-trust with costs are
hereby confirmed.
JUDGE
!! BRW !!
...../-
