Bhimrao S/O Sadashiv Deshmukh And ... vs Ramchandra S/O Istari Madankar ...
2022 Latest Caselaw 2900 Bom

                                                                                                            1/2                                                           39-sa-83-2022

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH : NAGPUR

                                                         SECOND APPEAL NO. 83 OF 2022

                         Bhimrao Deshmukh & Another                                                                                                 -- Appellants
                                                                                Vs.
                         Ramchandra Madankar and others                                                                                             -- Respondents

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Office Notes, Office Memoranda of Coram,                                                                              Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. H.S. Chitaley, Advocate for appellants

                                                                                                  CORAM : MANISH PITALE, J.

DATE : 24th MARCH 2022

Heard Mr. Chitaley, learned counsel for the appellants.

2) Issue notice on the following substantial questions of law. "(i). Whether, in the facts and circumstances of the case, the Lower Appellate Court erred in not considering that the suit simplicitor for injunction without seeking any declaration was not maintainable in view of the law laid down in the case of Anathula Sudhakar v. P. Buchi Reddy (dead) by L.Rs. & Ors. reported at (2008) 4 SCC 594?

(ii). Whether the Lower Appellate Court erred in not framing points for determination which were facts in issue before the Trial Court thereby rendering the Judgment & Decree unsustainable in MP Deshpande 2/2 39-sa-83-2022

the light of the law laid down in the case of Madhukar & Ors. Vs. Sangram & Ors. reported at AIR 2001 SC 2171 and Santosh Hazari Vs. Purshottam Tiwari reported in AIR 2001 SC 965?".

3) Notice to the respondents shall be returnable in four weeks.

CIVIL APPLICATION (CAS) NO. 293/2022 Issue notice to the respondents, returnable in four weeks. Since this Court has framed substantial questions of law in the appeal, there shall be ad-interim stay to the effect and operation of the impugned judgment and order, till the next date of listing.

JUDGE

Digitally signed by:MILIND P DESHPANDE Signing Date:25.03.2022 13:21

MP Deshpande