Baburao S/O Rushi Lakhamapure And ... vs Smt. Taibai Chandrashekhar ...
2021 Latest Caselaw 8285 Bom

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

                         SECOND APPEAL (ST) NO. 12537 OF 2020
                                         WITH
                        CIVIL APPLICATION (ST) NO. 12538 OF 2020
 (Baburao Rushi Lakhamapure (dead) through L.Rs. V/s Smt. Taibai Chandrashekhar Gaurkar &
                                          Ors.)

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


                                         Mr. V. S. Kukday, Advocate for Appellants.
                                                             ------

                                         CORAM       : MRS. SWAPNA JOSHI, J.

                                         DATE        : JUNE 22, 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. Kukday, the learned Counsel for Appellants. Issue notice to the Respondents on the following substantial question of law :

"Whether the learned lower appellate court was justified in permitting the plaintiffs to file written statement under Order VIII Rule 9 of the Code of Civil Procedure, in reply to the written statement of the defendants i.e. the

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Appellants herein, in absence of any counter-claim or set off ?"

3. Notice made returnable after three weeks.

CIVIL APPLICATION (ST) NO. 12538 OF 2020

. Heard. Mr. Kukday, the learned Counsel for Appellants submits that the Appellants are in possession of the suit property since the year 1969.

2. In view thereof, there shall be ad-interim stay to the effect, operation and implementation of the Judgment and decree dated 9/3/2020 passed by the learned District Judge-1, Gadchiroli in Regular Civil Appeal No.44/2015 and Judgment and decree dated 30/6/2015 passed by the Civil Judge Senior Division, Gadchiroli in Regular Civil Suit No.34/2014, till returnable date.

(MRS. SWAPNA JOSHI, J.) Yadav VG