Keshao S/O Narayanrao Dehankar vs Smt. Venutai Wd/O Narayanrao ...
2021 Latest Caselaw 8462 Bom

                                                                                           25.06.21.SA.73.21
                                                         1


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR
                      SECOND APPEAL NO. 73/2021
                                 WITH
                  CIVIL APPLICATION (S) NO. 155/2021
  ( Keshao s/o Narayanrao Dehankar vs. Smt.Venutai Dehankar and
                             others )
.................................................................................. ........................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders                                                Court's or Judge's order
of directions and Registrar's orders
..........................................................................................................................................
         Mr. S.G. Joshi, Advocate for the applicant /appellant

         CORAM : MRS.SWAPNA JOSHI,                            J.

DATED : 25th June, 2021.

Hearing was conducted through video conferencing and the learned counsel stated that the audio and video quality was proper.

Heard.

Issue notice to the respondents, on the following substantial question of law, returnable after three weeks.

"Whether the Courts below were justified in decreeing the suit filed by the plaintiff and directing partition of the suit property when the Courts had already observed that the partition had taken place between late Narayan and late Bhagwan? "

Civil Appln (S) No. 155/2021 Issue notice to the respondents, on the following substantial question of law, returnable after three weeks The learned Advocate for the appellant/applicant submits that as on today, the applicant is in possession of the suit property.

25.06.21.SA.73.21

In view thereof, there shall be ad-interim stay to the effect, operation, execution and implementation of the judgment and decree in Regular Civil Appeal No.10/2014 passed by learned District Judge-4 Amravati and judgment and decree dated 18.11.2013 passed by learned Civil Judge, J.D. Morshi in Regular Civil Suit No.77/2008, till the returnable date.

JUDGE sahare