Sau. Kalpana Ashokrao Gulhane And ... vs Jaiprakash Mahadeoji Rinwa And ...
2022 Latest Caselaw 4751 Bom

                                                                                         917.sa.171.2022.odt
                                                           1/2



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

                             SECOND APPEAL NO. 171 OF 2022
                          Sau. Kalpana Ashokrao Gulhane and Ors.
                                           -Vs.-
                            Jaiprakash Mahadeoji Rinwa and ors.
--------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
--------------------------------------------------------------------------------------------------------------------
                          Mr A. V. Bhide, Advocate for the appellants.



                                                CORAM : MANISH PITALE, J.

DATE : 04.05.2022

1. Heard learned counsel for the appellants.

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

"1. Whether the learned Judge of the lower appellate Court was justified in referring to the written statement and other documents, when as per the provisions of Order 7 Rule 11 of the Code of Civil Procedure, while rejecting the plaint, only the contents of the plaint are to be seen ?

2. When the lower appellate court found that the judgment debtor in Spl.Darkhast No.2/92 had already deposited the decretal amount with the permission of the court, during the pendency of the darkhast, and during the pendency of Civil Revision Application

917.sa.171.2022.odt

No.6/95, in which interim stay was granted by the Hon'ble High Court, ought to have allowed the Regular Civil Appeal No. 207 of 2019 filed by the appellant ?

3. Whether the learned judge of the lower appellate court has erroneously observed in the impugned judgment that the appellants/plaintiffs had not raised a plea of fraud in the plaint, however, the appellants had specifically raised a plea of fraud in para 12 of the plaint ?"

Civil Application (CAS) No. 497/2022

Issue notice, returnable in eight weeks.

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

"(i) The applicants/appellants most humbly prays that directions be issued against the respondent Nos.1 to 3, thereby restraining them from taking possession of the suit property till the decision of the second appeal filed by the appellants."

JUDGE prity Digitally signed by PRITY S PRITY S GABHANE GABHANE Date:

2022.05.04 19:16:03 +0530