Vilas Pandit Nagargoje And Ors vs Shivaji Bhujang Nagargoje And Ors
2021 Latest Caselaw 3307 Bom

                                                                         24-sa-406-2020


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                         SECOND APPEAL NO.406 OF 2020

 Vilas Pandit Nagargoje & Ors.                     ..Appellants
       Vs.
 Shivaji Bhujang Nagargoje & Ors.                  ..Respondents

                                       ----

 Mr. Vishal Kanade a/w. Mr. Yash Sonavane a/w. Mr. S. B. Biradar, for
 the Appellants.

 Mr. K. A. Inamdar, for the Respondents Nos.1 to 3, 4A to 4D.

                                       ----

                                     CORAM : C.V. BHADANG, J.

                                     DATE       : 22nd FEBRUARY 2021

 P.C.


 .        Heard the learned counsel for the parties. The second appeal

is admitted on following substantial questions of law.

(i) Whether the Courts below were justified in

decreeing the suit, when a joint decree was sought

against the defendant Nos.1 to 5 and in the face of the

fact that the suit was dismissed as against defendant

Nos.3 to 5 on account of failure of the plaintiffs to

take steps for their service ?

         Mamta Kale                                                      page 1 of 2




                                                                           24-sa-406-2020


               (ii)     Whether the First Appellate Court has misread

the evidence and finding recorded by the Trial Court

about there being no acceptable evidence to suggest

that the original vendor had repaid the amount of

Rs.5,000/- to Limbraj Mundhe ?

(iii) Whether the Courts below were justified in

relying on the alleged oral agreement contemporary to

the registered sale deed dated 30/10/1982 in view of

the provisions of Section 91 and 92 of the Evidence

Act ?

(iv) Whether the impugned judgment and decree

can be sustained in the absence of any challenge to

the two sale deeds dated 13/4/1994 in favour of the

appellants ?

2. The learned counsel for the respondent Nos.1 to 4D

waives service. Hearing is expedited. The appellants to file

private paper book within six months.

C.V. BHADANG, J.

         Mamta Kale                                                       page 2 of 2