Nihalchand S/O Waghjibhai Shah ... vs Shyamlal S/O Gyasilal Sahu And ...
2022 Latest Caselaw 4616 Bom

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

                        SECOND APPEAL NO. 174 OF 2022
                  Nihalchand S/o. Waghjibhai Shah (dead) and Anr.
                                       -Vs.-
                      Shyamlal S/o. Gyasilal Sahu through LR's

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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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                          Mr P. P. Kothari and Rohan Malviya, counsel for the appellants



                                                CORAM : MANISH PITALE, J.

DATE : 29.04.2022

1. Heard learned counsel for the appellant.

2. Issue notice to the respondent, returnable in eight weeks on the following substantial questions of law.

A. Whether the learned First Appellate Court was right in deciding the appeal without framing any points for determination purely on the same issues which were framed by the trial court specifically when Order 41 Rule 31 (a) casts duty upon the First Appellate Court to frame points for determination? B. Whether courts below were right in interpreting the terms of the agreement specifically in regard to the manner of measurement of land when the said document nowhere states that the land has to be measured through DSLR?

J. Whether courts below were right in holding that the plaintiff was ready and willing to perform his part of contract inspite of his refusal to get the sale

924.sa.174.2022.odt

deed executed by depositing balance amount after filing of 'Pursis' by the defendant showing his willingness to execute the sale deed?

Civil Application No.454/2022

1. Issue notice to the respondent, returnable in eight weeks.

2. Since this Court has framed substantial question of law, there shall be ad interim stay in terms of prayer clause (a), which reads thus:

(a) grant stay to the effect, execution and operation of judgment and decree passed by the learned Trial Court in Special Civil Suit No. 23/1999 passed by 2 nd Joint Ciivl Judge, Sr. D., Amravati and confirmed by District Judge-6, Amravati in RCA No. 220 of 2015, till disposal of the appeal in the interest of Justice."

JUDGE Namrata

Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur Signing Date:29.04.2022 18:00