Shri.Shriram Dhondu Pangalec vs Shri.Chandrakant Shivcharan ...
2022 Latest Caselaw 13569 Bom

                                                                      8-FA-1117-22.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                              FIRST APPEAL NO. 1117 OF 2022
                                         WITH
                           CIVIL APPLICATION NO. 1164 OF 2017


      Shriram Dhondu Pangale                                  ...Appellant

                Versus

      Chandrakant Shivcharan Chauhan & Anr.                   ...Respondents

                                         ----------
      Mr. Uday P. Warunjikar for the Appellant.
                                         ----------

                                         CORAM : R.I. CHAGLA J

                                           DATE       : 23 December 2022

      ORDER :

1. Mr. Warunjikar, learned Advocate appearing for the

Appellant had drawn this Court's attention to the findings in

paragraph 11 of the impugned order dated 1st October 2016 passed

by the City Civil Court at Greater Mumbai. In the impugned

judgment and order despite the Plaintiff relying upon the four

Affidavits affirmed by the Notary as well as no objection to transfer

suit room in favour of the Plaintiff and general Power of Attorney to

8-FA-1117-22.doc

the Plaintiff for taking necessary steps for transfer of suit room in

favour of the Plaintiff, there is a finding that there is no evidence

showing that Defendant No. 1 had agreed to sell the suit room to

Plaintiff.

2. Considering the findings of the lower Court which prima

facie run counter to documents on record and the narrow conspectus

of the First Appeal, an endeavour shall be made to hear the First

Appeal at the admission stage.

3. Issue notice to the Respondent for hearing at the

admission stage, returnable on 23rd January 2023.

[R.I. CHAGLA J.]