Tatyaji Rajeshwar Somalkar ... vs Shri Laxmi Vyanktesh Deosthan A ...
2021 Latest Caselaw 3976 Bom

                                                         1                                     18.SA.181-2020.odt




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

                              SECOND APPEAL NO. 181 OF 2020
                     ( Tatyaji Rajeshwar Somalkar (dead), Thr. LRs.
                                           Vs.
                        Shri Laxmi Vyanktesh Deosthan & Ors. )

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


                                   Shri S.D. Chopde, Advocate for the appellant/s.


                                   CORAM:          MRS. SWAPNA JOSHI, J.

                                   DATED :         03rd MARCH, 2021.

                                                   Heard.

2. Issue notice to the respondents on the following substantial question of law:

" Whether the learned appellate Court was justified in deciding the appeal on the basis of the finding that the plaintiff has a better title than defendant ?"

3. Notice made returnable in four weeks.

CIVIL APPLICATION (CAS) 534 OF 2020

Shri Chopde, the learned counsel for the appellants submits that till today the appellants are in possession of the suit property.

2. There shall be Ad-interim stay to the effect

2 18.SA.181-2020.odt

and operation of the judgment and decree dated 20.03.2020 passed by the learned District Judge-1, Warora, District Chandrapur in Regular Civil Appeal No. 51/2017 and also judgment and decree dated 22.08.2017 passed by the learned Civil Judge, Senior Division, Warora in Special Civil Suit No. 25/2011, till returnable date.

(MRS. SWAPNA JOSHI, J.) SD. Bhimte