Sou.Mandakini Bhagawant Salunke ... vs Shri.Narayan Govind Sadigale
2022 Latest Caselaw 12906 Bom

                                                               8-sa-584-2017.doc
Sonali


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                             SECOND APPEAL NO. 584 OF 2017


         Sou. Mandakini Bhagawant Salunke (deceased)
         through legal heirs
         1A. Bhagwantrao Ramchandra Salunke & Ors.             ...Appellants
             Versus
         Shri. Narayan Govind Sadigale                         ...Respondent


         Mr. S. C. Mangle, i/b. Mr. Harshad Sathe & Mr. Saurabh Butala, for
         the Appellants.

         Mr. Shushant S. Prabhune, for Respondent Nos.1, 2A to 2E.


                                  CORAM : MADHAV J. JAMDAR, J.

DATED : 12th DECEMBER 2022

P.C. :

1. Heard Mr. S. C. Mangle, learned counsel appearing for the

Appellants and Mr. Shushant Prabhune, learned counsel

appearing for Respondent Nos. 1, 2A to 2E.

2. The Second Appeal is admitted on the following

substantial questions of law.

i. Whether the learned First Appellate Court could have relied on the report of the Commissioner at Exhibit-110 for holding that the Appellant has encroached on the suit property of the Respondents without there being any encroachment shown in the

8-sa-584-2017.doc Sonali

said Commissioner's report/plan?

ii. Whether the Judgment and Decree passed by the learned First Appellate Court is contrary to the evidence of PW 2 i.e. Court Commissioner who has specifically admitted that he was not aware about the specific area of the owners of the said plot?

[MADHAV J. JAMDAR, J.] SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2022.12.13 18:06:16 +0530