Ajinath Govind Godage And Others vs Smt.Sonabai Baburao Giramkar ...
2021 Latest Caselaw 1761 Bom

                                                                                      6-sa-251-2019




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                      SECOND APPEAL NO.251 OF 2019

                            Ajinath Govind Godage & Ors.            ..Appellants
                                  V/s.
                            Sonbabai Baburao Giramkar & Ors.        ..Respondents
                                                          ----
                            Mr.Ashutosh Thipsay a/w Mr.Kaustubh Javale for the Appellants.

         Digitally signed
                            Mr.Shailendra             S.     Kanetkar   a/w     Mr.Nikhil   Dangre    for    the
Nilam    by Nilam Kamble
                            Respondents.
Kamble   Date: 2021.01.27
         17:39:19 +0530
                                                                         ----
                                                                        CORAM : C.V. BHADANG, J.

                                                                        DATE    : 27th JANUARY 2021

                            P.C.

1. On hearing the learned counsel for the parties the

following substantial questions of law are framed.

(i) Whether the First Appellate Court could have

decreed the suit of the respondents in the manner done

without the relief being claimed and without the plaint

being amended ?

(ii) Whether the First Appellate Court, is justified in

decreeing the suit and granting relief to the respondent-

                                 N.S. Kamble                                                          page 1 of 2
                                                     6-sa-251-2019

plaintiff in a capacity different that than what it was

claimed in the suit ?

(iii) Whether in the circumstances the Appellant No.2

Sudha Kangar would also be entitled to a share being a

coparcener ?

This is subject to the contention on behalf of the

respondents that these grounds were not raised before the courts

below and thus these substantial questions of law, do not arise in the

appeal.

2. Mr.Dangre, the learned counsel for the respondents

waives service.

3. By consent of parties the second appeal is heard on the

aforesaid substantial questions of law. Judgment is reserved.

C.V. BHADANG, J.

     N.S. Kamble                                                    page 2 of 2