Jijabapu Raghunath Pund And ... vs Santosh Baban Pund And Others
2022 Latest Caselaw 5650 Bom

                                                         Second Appeal No.137/2022
                                          :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       SECOND APPEAL NO.137 OF 2022


 Jijabapu Raghunath Pund & ors.                            ... APPELLANTS

          VERSUS

 Santosh Baban Pund & ors.                                 ... RESPONDENTS

                              .......
 Shri R.S. Kasar, Advocate for appellants
                              .......

                                  CORAM :           R. G. AVACHAT, J.

                                  DATE       :      21st JUNE, 2022.
 PER COURT :

This Second Appeal has been filed by the original

plaintiffs, who filed the suit (Regular Civil Suit No.377/2012)

for declaration that the sale deed dated 8/2/2008, was got

executed by practicing fraud on deceased Raghunath.

Consequential prayer for possession of the suit land was also

made. The trial Court dismissed the suit. The first appellate

Court has confirmed the judgment and order/ decree

dismissing the plaintiffs' suit.

2. On hearing the learned Advocate for the

appellants herein, this Court found no substantial question of

Second Appeal No.137/2022 :: 2 ::

law to have been involved in this appeal. It is a case of

concurrent findings of facts. The deceased Raghunath did not

file suit challenging the sale deed executed by him. It is only

on his demise his children came with the suit. An application

was moved to the revenue authorities for cancellation of the

mutation entry that took place pursuant to the sale deed. The

ground in the application for cancellation of the mutation

entry was that the purchasers/ respondents have not paid

entire consideration amount. Both the Courts below have

found the plaintiffs to have not given the details of the alleged

fraud in the plaint and in evidence as well.

3. It is reiterated that, after having gone through the

judgments of both the Courts below, this Court finds no

substantial question of law to have been involved therein.

The Second Appeal is, therefore, dismissed.

( R. G. AVACHAT ) JUDGE

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