Mohan Harikisanji Chandak And ... vs Yashwant S/O Charandas Gondane
2022 Latest Caselaw 4748 Bom

                                           1/2                           919.sa193.2022

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

                         SECOND APPEAL NO. 193 OF 2022
                           Mohan Harikisanji Chandak and anr.
                                          Vs.
                            Yashwant s/o Charandas Gondane
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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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Ms. Ritu P. Jog, Advocate for appellants. Mr. Prashant A. Gode, Advocate for respondent.

                                         CORAM         :        MANISH PITALE J.
                                         DATE          :        04.05.2022.

Heard learned counsel for the appellants.

2. Issue notice, returnable on 28.06.2022 on the following substantial questions of law:

"1.Whether the appellate Court was justified in reversing the findings of the trial Court and in holding that no amount towards consideration had exchanged hands in the facts and circumstances of the present case, in the context of registered sale-deed dated 05.05.2006?

2. Whether the decree for part cancellation of the sale-deed could have been passed in the light of the law laid down by the Hon'ble Supreme Court in the case of Vidhyadhar Vs. Manikrao and Ors.,

Prity 2/2 919.sa193.2022

1999 (3) SCC 573 as followed in the case of Dahiben Vs. Arvindbhai Kalyanji Bhanusali (D) thru. L.Rs and Ors., 2020 (16) SCC 366 .

3. Mr. Gode, learned counsel waives notice on behalf of the sole respondent.

Civil Application (CAS) No.492/2022

Issue notice, returnable on 28.06.2022.

2. In the meanwhile, a statement is made on behalf of the respondent that he will not press for cancellation of sale-deed as granted by the judgment and decree of the appellate Court. It is further directed that in the meanwhile the appellants shall not create any third party rights.

JUDGE

Digitally signed by PRITY S PRITY S GABHANE GABHANE Date:

2022.05.04 19:38:21 +0530

Prity