The Society Of St. Peters School, ... vs Banubai Alias Tanabai Govind ...
2021 Latest Caselaw 4322 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                        INTERIM APPLICATION NO. 2849 OF 2020
                                         IN
                     CIVIL REVISION APPLICATION NO. 103 OF 2020




     The Society of St. Peters School                ....   Applicants
     Panchgani & Anr.

             In the matter between

     The Society of St. Peters School                ....   Applicants
     Panchgani & Anr.

             Vs.

     Banubhai @ Tanabai Govind Beloshe....                  Respondents
     & Anr.


     Mr. Aliabbas Delhiwala a/w Mr. Yohaan Rubens, Ms. Janvi Dutt and Mr.
     Mohamed Naved I. Mulla i/by LR & Associates for Applicants

     None for Respondents


                                         Coram : NITIN W. SAMBRE, J.

Date : 9TH MARCH, 2021

P.C.:

1. The contentions that the suit property in the Regular Civil

Suit No. 21 of 2010 decided by C.J.J.D. Mahabaleshwar on 26 th March,

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2013 is same as that of in Regular Civil Suit No. 9 of 2019. The

Respondents were the Defendants in said Suit i.e. R.C.S. No. 21 of

2010, who are Plaintiffs in R.C.S. No. 9 of 2019. There are findings

recorded by the Court below in the judgment dated 26 th March, 2013

that the provisions of B.T. & A.L. Act are not applicable to the suit

property being not agricultural property. As such, findings in the earlier

suit shall operate Res-judicata.

2. In that view of the matter, issue notice to the Respondent/s

for final disposal, returnable on 19th April, 2021. Service by alternate

mode is permitted.

3. None present for Respondent/Non Applicant.

4. In view of above, the further proceedings in Regular Civil

Suit No. 9 of 2019 pending on the file of Civil Judge, J.D. shall remain

stayed.

( NITIN W. SAMBRE, J.)