Vitthal S/O Kisan Khanke vs Sitaram S/O Rama Gedam And Another
2021 Latest Caselaw 14993 Bom

2.sa.8061.21                                                                                                    1/2


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

                                 Second Appeal St. No.8061 of 2021

                                       Vitthal s/o Kisan Khanke
                                                   vs.
                                   Sitaram Rama Gedam & another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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               Shri A.C. Dharmadhikari, Advocate for the Appellant.


                               CORAM           : S.M. MODAK, J.

DATE : 13th OCTOBER, 2021.

Heard learned Advocate Shri A.C. Dharmadhikari for the appellant/plaintiff.

02] The plaintiff's suit simpliciter for permanent injunction was decreed, whereas, the first appellate Court reversed the said judgment and dismissed the suit. Mainly, there are two contentions raised on behalf of the appellant/plaintiff. One pertains to proper appreciation of the evidence by the first appellate Court, that is to say, the trial Court appreciated the evidence adduced by both the parties in favour of the plaintiff, whereas, the same evidence was considered by the first appellate Court against the plaintiff. The second aspect is about seeking declaration as to ownership, that is to say, the trial Court has not framed any issue on that aspect, whereas the first appellate Court framed a point to the effect, whether simpliciter suit for permanent injunction is maintainable without asking for declaration as to ownership.

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               03]           It seems that the first appellate Court relied upon the

observations made by the Hon'ble Supreme Court in the case of Anathula Sudhakar vs. P. Buchi Reddy (Dead) by L.Rs. & others - (2008) 4 SCC 594.

04] Hence, the matter be kept for remaining argument on 14 th October, 2021.

JUDGE *sandesh