Smt. Shantabai Hulgappa ... vs Shri. Babasaheb B. Pawar( Since ...
2022 Latest Caselaw 11889 Bom

                                                             17-sa-271-2020.doc
Sonali


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            SECOND APPEAL NO. 271 OF 2020

         Smt. Shantabai Hulgappa Vadd (since deceased)
         through legal heirs
         a. Mr. Sukumar Hulgappa Vadd & Ors.                  ...Appellants
             Versus
         Shri. Babasaheb Bajirao Pawar (since deceased)
         through legal heirs
         a. Smt. Kamal Babasaheb Pawar (since deceased)
         through legal heirs 1b to 1e
         b. Rajendra Babasaheb Pawar & Ors.                   ...Respondents

         Mr. Rahul P. Walvekar, for the Appellants.

                                  CORAM : MADHAV J. JAMDAR, J.

DATED : 21st NOVEMBER 2022

P.C. :

1. Heard Mr. Walvekar, learned counsel appearing for the

Appellants.

2. This Second Appeal is admitted on the following

substantial questions of law:

(a) Whether it is permissible for the learned Trial

Court to exhibit the plan produced along with

application bearing Exhibit 126 at the time of passing

decree dated 19th August 2008 without giving any

notice to the parties?

17-sa-271-2020.doc Sonali

(b) Whether the decree passed by the learned Trial

Court and as confirmed by the learned Appellate Court

is contrary to the principles of natural justice and

granted without giving any opportunity to the

Appellants as the decree has been passed on the basis

of plan at Exhibit 218 which has been exhibited

pursuant to order dated 19th August 2008 and

immediately on the same day suit is decreed by

Judgment and Decree dated 19th August 2008?

3. The Appellants to file additional paper book including the

plaint, written statement, oral evidence and Exhibit 126

application along with the order passed on the same as well as

Exhibit 218 and order dated 19 th August 2008 passed by the

learned 3rd Joint Civil Judge, Junior Division, Kolhapur below

Exhibit 1.

Digitally [MADHAV J. JAMDAR, J.] signed by SONALI SONALI MILIND MILIND PATIL PATIL Date:

2022.11.24 10:38:09 +0530