Kiran S/O Gangadhar Senad vs Hemendra S/O Mohanlal Agrawal And ...
2022 Latest Caselaw 3481 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                           SECOND APPEAL NO. 106 OF 2022
                                 Kiran Gangadhar Senad
                                          -Vs.-
                           Hemendra Mohanlal Agrawal and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.R.P.Joshi, counsel for the appellant.



                                                CORAM : MANISH PITALE, J.

DATE : 30.03.2022

Heard the learned counsel for the appellant.

2. Issue notice for final disposal on the following substantial questions of law.

(1) Whether the findings and observations given and made by the First Appellate Court at paras 58 and 71 of the impugned judgment dated 11/12/2020 in RCA No.371 of 2017 that undoubtedly, there is no deed of conveyance executed in favour of Kiran Chokse in respect of Plot No.44 and only registered agreement to sell (Exhibit-78) was executed and that defendant No.1 therein i.e. the appellant herein - Kiran Senad can at the most claim that he is having possessory rights through Kiran Chokse over the disputed property; are not only perverse, being contrary to oral and documentary evidence, but also in ignorance of the provisions of section 53-A of the Transfer of Property Act?

KHUNTE 933-SA106.22.odt

(2) Whether the findings and observations in paras 58 and 71 quoted above, are unwarranted and uncalled for, without the said question being in issue, causing serious prejudice to the appellant herein, amounting to severe jurisdictional error?

(3) Whether the First Appellate Court was justified in rendering finding and observations in paras 58 and 71 of the impugned order in respect of title of the appellant in the suit property, when the plaintiff had given up and deleted the prayer challenging the sale deed and title of the appellant?

3. The notice is made returnable in three weeks.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:01.04.2022 12:30

KHUNTE