Baban S/O Madhavrao Malpe vs Yogeshwar S/O Purushottam Kanugo
2021 Latest Caselaw 14592 Bom

Order                                                                                        8 ap 6-2021
                                                   1

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

                           CIVIL APPLICATION (CAA) NO.09/2021
                                           IN
                           APPEAL AGAINST ORDER NO.06/2021

                                    Baban s/o Madhavrao Malpe
                                                Vs.
                                 Yogeshwar w/o Purushottam Kanugo


Office notes, Office Memoranda of
Coram, appearances, Court's orders                          Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri Rohit Joshi, Advocate for appellant.
                                         Shri S.D. Patil, Advocate h/f Shri S.P. Kshirsagar, Advocate
                                         for respondent.

                                         CORAM : S.M. MODAK, J.

DATE : OCTOBER 06, 2021.

Learned Advocate for the respondent/plaintiff wants to file reply to the stay application. He also wants to file documents consisting all the pleadings and earlier orders and judgments.

2. Learned Advocate Shri Joshi for the appellant- defendant apprised me about the earlier litigation in between the parties. In fact the order of remand and appointing Cadastral Surveyor passed by the First Appellate Court is challenged by the defendant. Earlier to this order, there was another earlier first appeal filed by the plaintiff. In that appeal also, learned Ad-hoc District Judge, Amravati has directed to appoint TILR. After that TILR was appointed, the suit was decided. On this occasion suit was dismissed and counter claim of the defendant was allowed. The order impugned in

Order 8 ap 6-2021

this appeal was passed in regular civil appeal filed by the plaintiff. From the above, it is clear that there were several rounds of litigation. Both of them are at liberty to place on record earlier judgments and earlier orders passed by the First Appellate Court as well as the evidence recorded before the Trial Court. The appellant and respondent are at liberty to file the paper books of earlier two first appeals. So matter be kept on 13/10/2021 for hearing.

3. It is made clear that for any reason if the respondent could not file reply, this Court will proceed with the matter on the basis of available documents.

JUDGE

R.S. Sahare