Smt. Indushree W/O Ashish Agrawal ... vs Smt. Ramadevi W/O Dwarka Prasad ...
2022 Latest Caselaw 3482 Bom

                                                                                                  929-SA4.22.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                          SECOND APPEAL NO. 4 OF 2022
                       Indushree W/o Ashish Agrawal and another
                                         -Vs.-
                     Ramadevi W/o Dwarkaprasad Pande 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.M.Bhangde, counsel for the appellants.



                                                CORAM : MANISH PITALE, J.

DATE : 30.03.2022

Heard the learned counsel for the appellants.

2. Issue notice on the following substantial question of law.

(1) Whether the instant suit filed by the original plaintiff is barred in view of the Order IX Rule 8 of the Civil Procedure Code, 1908, in view of the fact that earlier suit, being R.C.S. No.42/2011 which in effect challenged the right the vendor of the appellant to execute sale deed, was dismissed in default on 16.12.2005?

(2) Whether the learned First Appellate Court erred in not appreciating that the instant suit was barred by principle of estoppel under section 116 of the Evidence Act, as held by the learned Trial Court since it was filed by tenant claiming declaration that the landlord is not the owner?

KHUNTE 929-SA4.22.odt

(3) Whether the impugned judgment and order passed by the Appellate Court is sustainable when the said Court failed to come in close quarters to the findings rendered by the Trial Court as required under settled position of law laid down by the Hon'ble Supreme Court in the case of Santosh Hazari v. Purushottam Tiwari, reported in (2001) 3 SCC 179?

3. The notice shall be returnable in four weeks.

4. Learned Addl.G.P. Shri D.P.Thakre waives notice on behalf of respondent No.3.

CIVIL APPLN. (S) NO. 7 OF 2022

Issue notice, returnable in four weeks.

2. Learned Addl.G.P. Shri D.P.Thakre waives notice on behalf of respondent No.3.

3. In view of substantial questions of law framed in the second appeal, in the meanwhile, there shall be ad interim stay of the impugned judgment and order.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:01.04.2022 13:13

KHUNTE