Sau. Jaya Rajendra Chaudhary vs Ramdas Nathuji Dhaskat And Others
2021 Latest Caselaw 9123 Bom

cas 386.21.                                                                                                    1/3


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

          Civil Application (S) No.386/2021 in Second Appeal St.
                                No.894/2021
                          Sau. Jaya Chaudhary V Ramdas and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                        Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri N. Lambat, Adv for appellant.

                 CORAM           : S.M. MODAK, J.

                 DATE            : 13th JULY, 2021.

                                  Hearing            was         conducted             through            Video

Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2. Heard.

3. Two weeks time is granted to remove the office objections.

4. Though the Trial Court decreed the suit of the appellant/plaintiff, the First Appellate Court reversed it There is a delay of 126 days in preferring the present appeal.

5. Issue notice to the respondents, returnable after 8 weeks.

Civil Application (s) No.387/2021 Heard.

2. Dispute pertains to 1000 sq.ft. of plot. The suit for specific performance was filed to execute a Sale Deed in respect of that plot of land on the basis of 'Isar Chitthi'. Though plaintiff has tendered the amount of consideration, one cheque is dishonoured and another demand draft is returned by defendant no.1/original owner, defendant no.1

cas 386.21. 2/3

sold the suit property to defendant nos. 2 and 3 by registered Sale Deed. All the defendants appeared before the trial Court and filed a written statement. They have admitted the 'Isar Chitthi' but justified the act of execution of a Sale Deed for various reasons. They have failed to adduce any evidence. The Trial Court on the basis of plaintiff's evidence decreed the suit and also cancelled the Sale Deed in between defendant no.1 as a vendor and defendant nos. 2 and 3 as a purchaser.

3. When the purchasers/defendant nos. 2 and 3 came in an appeal, their appeal was allowed and judgment was reversed.

4. The main focus of argument is that when all the defendants have not adduced evidence how the First Appellate Court has given a finding in their favour. Ultimately, if we read the points framed by the First Appellate Court certainly in respect of certain points, burden is placed on defendant nos. 1 and 2.

5. I find some merit in the said submission. There is a prayer for staying the decree. If the decree of the First Appellate Court is stayed, naturally the decree of the trial Court also needs to be stayed. Hence, the direction :-

(a) The decree of the First Appellate Court is stayed till appearance of the respondents.

(b) It is made clear that the present appellants/original plaintiff will make no attempt to execute the decree of the trial Court.

6. Issue notice to the respondents, returnable after 8 weeks.

cas 386.21. 3/3

7. In addition to usual mode the appellants to serve the respondents by RPAD.

JUDGE Deshmukh