Bombay High Court
Sau. Sarita Chandrashekhar ... vs Smt. Premabai Umashankar Yadav ... on 22 March, 2017
Bench: A.S. Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL REVISION APPLICATION NO.66 OF 2015
Sarita Chandrashekhar Sundarbanshi
Aged 26 years. Occ. Household
and Agriculture, R/o Gajanan Watika
Yewata Road, Malkapur, Akola,
Tq. and District Akola. ... Applicant.
-vs-
1. Premabai Umashankar Yadav
Aged 52 years. Occ. Agriculturist
2. Raju Umashankar Yadav,
Aged 37 years. Occ. Agri. and Education
3. Amit Umashankar Yadav,
Aged 30 years. Occ. Agriculturist
4. Sunita Vijay Thakur
Aged 31 years. Occ. Agriculturist
5. Sapna Umashankar Yadav,
Aged 28 years. Occ. Agri. and Education
6. Rupali Umashankar Yadav,
Aged 34 years. Occ. Agri. and Education
7. Chotibai Mahadeo Yadav
(Deleted)
8. Kamlabai Ramdeo Yadav,
Aged 71 years, Occ. Household work
All R/o Yadav Wada, Hariharpeth,
Akola, Tq. And Dist. Akola.
9. Omprakash Radhkisanji Bajoria,
Aged 62 years, Occ. Business and Agril.
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10. Gopikisanji Radhakisanji Bajoria,
Aged 52 years, Occ. Business and Agril.
11. Ashwinkumar Kailashchandra Bajoria,
Aged 39 years, Occ. Business and
Agriculturist,
12. Viplav Gopichandji Bajoria,
Aged Adult, Occ. Agril. And Business,
All R/o Murtizapur Road Akola,
Tq. And District. Akola
13. Sushilkumar Ratanlal Khowal (HUF)
Thr. Karta Sushilkumar Ratanlal Khowal
Aged 51 years, Occ.Business.
R/o New Radhakisan Plot, Akola,
Tq. And District Akola.
14. Jaspalsingh Chanansingh Nagara (HUF),
Through Karta Jaspalsingh Channansingh Nagara,
Aged 57 years, Occ. Business, R/o Sukhsagar,
Jatharpeth Akola, Ta. and District Akola.
15. Subhash Mohanlal Chandak,
Aged 53 years, Occ. Business,
R/o Shrawagi Plots, Akola,
Tq. And District Akola.
16. Shabbir Hussain Saiffuddin Jalwala,
Aged 33 years, Occ. Business,
R/o Ahemad Colony, in front of Gangawar,
Akola Tq. And District Akola.
17. Vijay Anilsingh Thakur,
Aged 36 years, Occ. Agril.
R/o Hariharpeth, Washim Road,
Akola Tq. and Dist. Akola. ... Non-applicants.
Ms R.S. Sirpurkar, Advocate for applicant.
Shri S. S. Sarda, Advocate for non-applicant Nos.1 to 5, 17.
Shri A. R. Deshpande, Advocate for non-applicant Nos.9 to 12.
Shri U. J. Deshpande, Advocate for respondent Nos.13 to 16.
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CORAM : A.S.CHANDURKAR, J.
DATE : March 22, 2017
Oral Judgment :
An order passed below Exhibit-49 by the trial Court on the
question of valuation of the suit field is the subject matter of challenge in this
civil revision application. While admitting the revision application, this Court
had issued the following interim direction :
" The trial Court is directed to expeditiously decide the suit. The
respondents are directed to file their written statement within a
period of one month from today, failing which the trial Court shall
proceed to decide the suit as ex-parte. So as the question of payment
of Court fee is concerned the trial Court shall frame an appropriate
issue and pass an order after conclusion of the trial. The order
directing payment of Court fee passed on 16/03/2013 shall remain
stayed. All the issues be framed and decided together. "
2. It is jointly submitted by learned counsel for the parties that the
issues in the aforesaid suit are still to be framed. Considering the nature of
interim directions issued on 07/06/2016, the following order which is passed
without going into merits/demerits of the impugned order would meet the
ends of justice.
(i) The proceedings in RCS No.33/2013 are expedited and the suit
shall be decided by the end of December 2017.
(ii) In terms of order dated 07/06/2016 the trial Court shall frame
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issues on the basis of pleadings of the parties which would also
include an issue as regards appropriate valuation of the suit field.
All the issues shall be decided together.
(iii) The suit shall be decided on its own merits and in accordance
with law.
(iv) The revision application is disposed of in aforesaid terms. No
order as to costs.
JUDGE
Asmita
