Shri Deorao S/O Motiram Aakre And ... vs Purushottam S/O Motiram Kharabe ...
2021 Latest Caselaw 8135 Bom

1/2                                                                                   9.sa.11.2021.odt



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

                             SECOND APPEAL NO. 11 OF 2021
                                         WITH
                         CIVIL APPLICATION (CAS) NO. 16 OF 2021
      (Deorao Motiram Aakre & Ors. V/s Purushottam Motiram Kharabe (dead) through L.Rs.)

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


                                         Mr. A. M. Ghare, Advocate for Appellants.
                                                           ------

                                         CORAM      : MRS. SWAPNA JOSHI, J.

                                         DATE       : JUNE 19, 2021.

                   .                Hearing was conducted through video conferencing

and the learned Counsel for Appellants stated that the audio and visual quality was proper.

2. Heard Mr. Ghare, the learned Counsel for Appellants. Issue notice to the Respondents on the following substantial questions of law :

(i) Whether the learned lower appellate court was justified in considering that the suit based on enforcement of right/ contract arising out of unregistered partition deed is maintainable/enforceable ?

 2/2                                                                           9.sa.11.2021.odt



               (ii)    Whether the learned lower appellate court was justified in

considering that the suit for specific demarcated land out of undivided family property can be entertained without joining the co-parceners as party Respondent ?

3. Notice made returnable after three weeks.

CIVIL APPLICATION (CAS) NO. 16 OF 2021

. Mr. Ghare, the learned Counsel for Appellants submits that till date the Appellants are in possession of the property.

2. In view thereof, there shall be ad-interim stay to the effect, operation and implementation of the Judgment and decree dated 22/10/2019 passed by the District Judge, Nagpur in Regular Civil Appeal No. 110/2016, till returnable date.

(MRS. SWAPNA JOSHI, J.) Yadav VG