Shri Anandrao Vasantrao ... vs Shri Mahadeo S/O Sonba Ghonge ...
2022 Latest Caselaw 4730 Bom

                                           1/2                           918.sa176.2022

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

                        SECOND APPEAL NO. 176 OF 2022
                          Anandrao Vasantrao Karadbhajne
                                        Vs.
                 Shri Mahadeo s/o Sonba Ghonge (Deceased) thru. LRs
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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. Shail Mate, Advocate h/f Mr. N.S. Deshpande, Advocate for appellant.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       04.05.2022.

Heard learned counsel for the appellant.

2. Issue notice, returnable in eight weeks on the following substantial question of law:

"Whether the Courts below were justified in holding in favour of the respondent (original plaintiff) in the absence of a prayer for declaration of title, despite the fact that the appellant had indeed raised a cloud on the title of the respondent as per specific pleadings in the written statement, particularly in the light of law laid down by the Hon'ble Supreme Court in the case of Anathula Sudhakar Vs. P. Buchi Reddy 2008 (4) SCC 594, followed subsequently in other judgments also ?"

Prity 2/2 918.sa176.2022

Civil Application (CAS) No. 458/2022

Issue notice, returnable in eight weeks.

2. Since, this Court has framed substantial question of law while issuing notice in the Second Appeal, there shall be ad-interim stay in terms of prayer clause (i), which reads as follows:

"(i) Stay the effect, operation and execution of judgment and decree dated 08.03.2022 passed by Principal District Judge, Nagpur, in Regular Civil Appeal No.26/2016 as also the judgment and decree dated 23.11.2015 passed by the Joint Civil Judge, Jr. Dn. Kalmeshwar in Reg. Civil Suit No.19/2008, till the disposal of the present appeal".

JUDGE Digitally signed by PRITY S GABHANE PRITY S Date:

GABHANE 2022.05.05 10:54:42 +0530

Prity