Babulal S/O Chaturbhuj Agrawal ... vs Maharashtra Rajya Sahakari ...
2021 Latest Caselaw 1872 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                           SECOND APPEAL NO. 15 OF 2021
                                       WITH
                      CIVIL APPLICATION (CAS) NO. 745 OF 2019
(Babulal Chaturbhuj Agrawal & Anr. V/s Maharashtra Rajya Sahakari Adiwasi Vikas Mahamandal &
                                            Ors.)

Office   Notes,    Office                         Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Prothonotary's orders


                                       Mr. M. M. Agnihotri, Advocate for Appellants.
                                       Mr. C. M. Samarth, Advocate for Respondents.
                                                         ------

                                       CORAM      : MRS. SWAPNA JOSHI, J.

                                       DATE       : JANUARY 28, 2021.

                 .                Heard. Issue notice to the Respondents on the

following substantial question of law :

"Whether the trial court is justified in remanding the matter to give opportunity to the respondents to adduce evidence in support of defence when no defence was raised before the trial court nor any sufficient cause was shown before the appellate court for its failure to file written statement."

2. Notice made returnable on 18th February, 2021.

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3. Parties to maintain status-quo till returnable date.

CIVIL APPLICATION (CAS) NO. 745 OF 2019

. Heard. Ad-interim stay is granted to the effect and operation of the Judgment dated 31/12/2018 delivered by the Principal District Judge, Yavatmal in Regular Civil Appeal No.113/2015 and the proceedings in Special Civil Suit No. 109/1995 is also stayed, during the pendency of the present Application.

2. Parties to act on the authenticated copy of this order.

(MRS. SWAPNA JOSHI, J.) Yadav VG