Sandu Balwanta And Others vs Gopal Bhulane (L.Rs.) Govinda And ...
2022 Latest Caselaw 3561 Bom

                                     .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     945 SECOND APPEAL NO.254 OF 1992

                SANDU BALWANTA AND ANOTHER
                              VERSUS
     GOPAL BHULANE (DIED) THR. L.RS. GOVINDA AND OTHERS.
                                 ...
          Advocate for Appellants : Mr. Suvidh Kulkarni h/f.
               Mr. R.S. Deshmukh & Mr. Amol Joshi.
                                 ...

                                    CORAM :     MANGESH S. PATIL, J.

                                    DATE :     31-03-2022

PER COURT :

.                 Mr. Suvidh Kulkarni h/f. Mr. Amol Joshi, learned

advocate for the appellants seeks adjournment on the ground that

Mr. Joshi is not keeping well.

2. As can be seen from the record, this is a Second Appeal

by the original defendants, who are aggrieved and dissatisfied by the

judgment and decree directing possession of 32 gunthas of the suit

property to be delivered to the respondent - original plaintiff Gopal.

3. It is apparent that Gopal is no more and his legal heirs

i.e. respondent nos.1-A to 1-F were brought on record. However, the

Second Appeal has already been disposed of as either abated or

dismissed as against respondent nos.1A, 1C to 1F. Though

.. 2 ..

respondent no.1-B Bhunabai is dead, her four legal heirs were

brought on record. The appeal has been dismissed or abated against

three of them i.e. 1/B/1 to 1B/3. As can be seen only respondent

no.1/B/4 is the person against whom the present appeal as of now

stands.

4. Considering the fact that it is a decree for possession of

the property, all these persons against whom the matter has been

dismissed or disposed of as abated are necessary parties, the cause of

action would not survive against respondent no.1/B/4 alone. The

Second Appeal is, therefore, disposed of.

( MANGESH S. PATIL ) JUDGE ...

Gajanan