Suresh S/O Mohanlal Jaiswal And 11 ... vs Sheela D/O Vasantrao Chauhan And 4 ...
2021 Latest Caselaw 16041 Bom

                                                                                           DB.18.11.21.LPA.86.10+
                                                                    1


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
        CIVIL APPLICATION (Z) Nos.12 AND 13 BOTH OF 2021
           AND C.A. (Z) NO. 4/2021 ALONG WITH PURSIS
                                IN
               LETTERS PATENT APPEAL NO. 86/2010
                                IN
                   WRIT PETITION NO. 814/2000.
            (Suresh Mohanlal Jaiswal                    and 11 others vs.Sheela Vasantrao Chauhan and
                                                                  others )
    ........................................................................................................................... ................
    Office Notes, Office Memoranda of                                                                  Court's or Judge's
    order of directions and Registrar's orders
    ..................................................................................................................................
    Mr. R.L.Khapre,Sr.Adv. a/b. Mr D.P. Jaiswal, Advocate for appellant nos.1 to 11
    Mr. S.R.Deshpande, Adv.for respondent no.7
    Mr A.M.Ghare, Adv. for respondent nos.8A and 9 to 13
    Mr. N R Patil, AGP for respondent no.14

               CORAM :               SUNIL B. SHUKRE &
                                     ANIL L. PANSARE, JJ.

               DATED               : 18th November, 2021.


    CAZ NOS. 12/21 AND 13/21.
                Heard.

As copies of the documents properly prepared have been furnished to the other side and that a statement has also been made by the learned counsel for the appellants nos.1 to 11 in LPA No. 86/2010, on instructions, that the applicants would not alienate the property, both these Applications are now rendered infructuous. They are disposed of as infructuous.

CA(Z) NO.4/2021 The copy of the partition deed dated 9.6.1962 has been furnished to all the respondents although there is some dispute regarding the text of this document which is said to be slightly

DB.18.11.21.LPA.86.10+

different from the one which is now filed. But this issue can be addressed and agitated by the respective parties at the time of final hearing and, therefore, this Civil Application is disposed of as having served its purpose, keeping open the question relating to the objection taken by the respondents.

PURSIS:

There are also various pursis filed on record. The decision in respect of the same would be taken at the time of final hearing if required.

LPA. NO.86/2010.

Heard. Nobody is present for respondent nos. 1 to 5 and 5A. Learned counsel Smt. Khade is also not present. Shri S.R.Deshpande, is present for respondent no. 7. He and Shri A.M.Ghare learned counsel for the respondent nos.8A and 9 to 13 have taken a preliminary objection regarding maintainability of the appeal. They have also relied upon several judgments most of which have been filed along with the reply dated 08.09.2021. Since the preliminary objection has now been taken, this court shall first hear and decide the issue of preliminary objection.

Put up on 22nd November, 2021, at the end of the Board.

                     JUDGE                        JUDGE
    sahare