Chandrashekar Manmathappa ... vs Abdul Mujib Abdul Rauf Jagirdar ...
2021 Latest Caselaw 13890 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD


                          21 SECOND APPEAL NO.388 OF 2021
                         WITH CA/10107/2021 IN SA/388/2021

                CHANDRASHEKAR MANMATHAPPA CHAVANDA
                                     VERSUS
             ABDUL MUJIB ABDUL RAUF JAGIRDAR AND ANOTHER
                                         ...
    Mr. B.R. Sontakke Patil and Mr. S.V. Chandole, Advocates for the appellant
                                         ...

                                     CORAM :   SMT. VIBHA KANKANWADI, J.

                                     DATE :    27th SEPTEMBER, 2021.


PER COURT :


1                Heard learned Advocate appearing for the appellant. He submits

that the suit was for removal of encroachment filed by the present

respondents. It was dismissed on the ground that proper map, much less

admitted was produced and proved. Yet, the First Appellate Court has come

to the conclusion that since the map has been prepared by a Court

Commissioner, who was appointed in Regular Civil Suit No.33/2001, that

means, it was another suit. It has been stated that said Regular Civil Suit

No.33/2001 (learned Advocate for the appellant says that it is typographical

mistake in First Appeal and it is in fact, Regular Civil Suit No.31/2001). That

suit was filed by the present appellant against the present respondents for

removal of encroachment. The present appellant had prayed for withdrawal

2 SA_388_2021

of the said suit and therefore, it was rejected and it is stated that the Writ

Petition is pending before this Court. Under such circumstance, it is required

to be noted is that whether there was proper compliance of the Judgments of

this Court in Ushabai w/o Sharadchandra Bannore vs. Wasudeo Baliramji

Mehare and others, 2004(2) Mh.L.J. 594 and Sulemankhan Mumtajkhan and

others vs. Smt. Bhagirathibai wd/o Digamber Asalmol and Another, 2014 (5)

ALL MR 552.

2 Therefore, instead of framing the substantial questions of law,

though they are arising, at this stage and waiting for the turn of the Second

Appeal, this can be considered after the appearance of the respondent.

Therefore, issue notice to the respondents before admission, returnable on

25.10.2021.

3 Learned Advocate for the appellant to produce paper book of the

First Appellate Court as well as the documents, if at all produced and proved

before the First Appellate Court, by the next date.

4 Till 25.10.2021, the further proceedings in Special Execution

Proceeding No.1/2021 before Civil Judge Senior Division, Ahmedpur be

stayed.

( Smt. Vibha Kankanwadi, J. ) agd