Madhukar Kundlik Kadam And Other vs Vishwanath Kishanappa Chawre And ...
2021 Latest Caselaw 7868 Bom

                                                                    14-AO-13-20.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                    APPEAL FROM ORDER NO.13 OF 2020

              MADHUKAR KUNDLIK KADAM AND OTHERS
                                VERSUS
          VISHWANATH KISHANAPPA CHAWRE AND ANOTHER
                                  ...
             Advocate for Petitioners : Shri V. D. Salunke
                                  ...

                                CORAM : B. U. DEBADWAR, J.

                                DATE       : 14th JUNE, 2021

PER COURT :

1. Heard Shri V. D. Salunke, learned advocate for the

appellant - original defendant.

2. This appeal from order has been directed against the

judgment and order dated 24-12-2009, passed by the learned

District Judge - 4, Parbhani in Regular Civil Appeal No. 156 of 2014,

whereby the judgment and decree, dismissing the suit for removal

of encroachment and possession, passed by the learned Joint Civil

Judge, Junior Division, Purna, District Parbhani dated 25-09-2013,

in Regular Civil Suit No. 74/2009, is set aside and the suit is

remanded back to the trial Court for fresh hearing, in the light of

directions given in operative part of the judgment.

3. Shri Salunke, learned advocate for appellant, while

taking me through the judgment of the trial Court and judgment of

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14-AO-13-20.odt

the first appellate Court, which is impugned in this appeal, prima

facie demonstrated as to how the impugned judgment passed by

the learned District Judge - 4, Parbhani is not sustainable.

4. In view of the above, issue notice to the respondents,

returnable on 03-07-2021. Private notice by recognised mode of

service is allowed.

(B. U. DEBADWAR, J.)

SVH

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