Shirishkumar Gunderao ... vs Nagammabai Kashinath Ade And Ors
2022 Latest Caselaw 272 Bom

                                       .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     917 SECOND APPEAL NO.625 OF 2021

        SHIRISHKUMAR GUNDERAO MALLAPURE (MALKAPURE)
                               VERSUS
              NAGAMMABAI KASHINATH ADE AND ORS.
                                   ...
           Advocate for Appellant : Mr. Anand V. Indrale Patil
                                   ...

                                      CORAM :     MANGESH S. PATIL, J.

                                      DATE :     07-01-2022

PER COURT :

Mr. Indrale Patil, learned Advocate for the Appellant

undertakes to remove the office objections before the next date.

2. Heard.

3. Though the appellant is unsuccessful plaintiff

throughout, it is pointed out that he is a purchaser of one of the plots

from the land purchased by respondent no.8 from respondent nos.7

to 11. It is also pointed out that apart from the present appellant few

other persons had also purchased different plots from respondent

no.8. Since the case of all these persons was standing on the same

footing, each one of them had filed a suit for the same relief of

declaration of ownership and injunction. Conspicuously, the self

Gajanan

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same Judge dismissed all these suits for the same reasons.

The appellant as well as the other plot holders challenged those

judgments and decrees by preferring separate appeals. The appeals

filed by the other plot holders were allowed by the Appellate Court by

the judgment and decree dated 04-09-2013, whereas the appeal filed

the appellant was dismissed by the judgment under challenge.

4. It is further pointed out that respondent nos.1 to 6

herein have challenged the judgment and orders passed by the First

Appellate Court in the appeals of the other plot holders by preferring

Second Appeal Nos.7 of 2015, 120 of 2014 and 121 of 2014 which

are pending before this Court. By the order dated 08-06-2017 this

Court has framed substantial question of law and admitted all these

second appeals.

5. In view of above state of affairs, issue notice to the

respondents returnable on 18-02-2022.

( MANGESH S. PATIL ) JUDGE ...

Gajanan