Pratap Gopal Sawant vs Sheela Trimbak Sawanr And Anr
2021 Latest Caselaw 927 Bom

                                                     17-sa-804-19


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                        SECOND APPEAL NO. 804 OF 2019

 Pratap Gopal Sawant                                    ..Appellant
      Vs.
 Sheela Trimbak Sawant & Anr.                           ..Respondents

                                     ----

 Mr. P. B. Shah a/w. Gunjan Shah i/b. Kayval P. Shah, for the
 Appellant
 Mr. Prashant P. Patil, for the respondent Nos.1 and 2.

                                     ----

                                    CORAM : C.V. BHADANG, J.

DATE : 14th JANUARY 2021

P.C.

. Heard Mr. Shah, the learned counsel for the appellant. The

learned counsel submits that there were three properties which were

subject matter of the suit which were described in Annexure - A,

and C. The properties in Annexure - A and B were landed

properties while Annexure - C was a residential house.

2. In a suit filed by the first respondent, the learned Trial Court

had granted declaration and injunction in favour of the first

respondent only in respect of the property described in Annexure -

A and B.

      Mamta Kale                                                     page 1 of 2




                                                        17-sa-804-19

3. Feeling aggrieved, the appellant challenged the same in an

appeal before the learned District Judge. The District Judge by the

impugned judgment partly allowed the appeal and restricted the

relief granted to the first respondent, only to the property as

described in Annexure - B. It is submitted that the original plaintiff

has also filed Second Appeal (St) No.1535/2019 to challenge the

judgment and decree passed by the first Trial Court, thereby

excluding the property in Annexure - A.

2. In such circumstances, issue notice to the respondents

returnable on 4/2/2021.

3. Notice by Registered Post AD/ Speed Post / Email / Courier is

allowed, in addition to the regular mode.

4. Appellant to file affidavit of service by next date.

5. Stand over to 4/2/2021 alongwith Second Appeal (St)

No.1535/2019.

C.V. BHADANG, J.

      Mamta Kale                                                       page 2 of 2