Chandrakant Shankar Namadas vs Sahadev Appa Torane Anr Ors
2022 Latest Caselaw 12308 Bom

                                                  904-SA-717-2019.doc


Arjun

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION
                  SECOND APPEAL NO.717 OF 2019

Chandrakant Shankar Namdas                   ... Appellants
Since deceased through LR's
Malan Chandrakant Namdas & Ors.

        V/s.
Sahadev Appa Torane & Anr.                   ...Respondents


Mr. Dilip Bodake, for the Appellants.
Mr. Umesh Mankapure, for the Respondents.

                         CORAM : MADHAV J. JAMDAR, J.

DATE : 29th NOVEMBER, 2022

P.C.:

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

Appellants and Mr. Mankapure, learned counsel appearing

for the Respondents.

2. Mr. Mankapure, waives service on behalf of the

Respondents.

3. The Second Appeal is admitted on the following

substantial questions of law :

(i) Whether the concurrent finding of the learned

Trial Court and learned Appellate Court that the

904-SA-717-2019.doc

Plaintiff failed to prove his ownership over the suit

property is without considering the relevant

evidence on record?

(ii) Whether the concurrent finding recorded by the

learned Trial Court and learned Appellate Court

that plaintiff failed to prove his ownership over

the suit property is contrary to the admission

given by the Respondents in the written

statement?

(iii) Whether the learned courts could have gone into

the issue of title in a suit simpiciter for injunction

in view of law laid down by the judgment the

Supreme Court reported in (2008) 4 SCC 594 in

the matter between Anathula Sudhakar vs. P.

Buchi Reddy (Dead) by LRs. and Ors.?

(iv) Whether learned Trial Court and learned

Appellate Court should have appointed the Court

commissioner under Order 26 Rule 9 in view of

law laid down by the judgment of this Court

reported in (2011) (3) Mh.L.J. 348 in the matter

between Kolhapuri Bandu Lakade vs. Yallappa

904-SA-717-2019.doc

Chinappa Lakade, Decd., Thru' Pooja @ Poojari Y.

Lakade & Ors.?

(v) Whether the learned lower Appellate Court

committed irregularity in refusing application

bearing Exh. 18 filed in Regular Civil Appeal No.71

of 2018 seeking appointment of the Court

commissioner under Order 26 Rule 9, more

particularly, in the light of the judgment of the

Supreme Court reported in (2008) 8 SCC 671 in

the matter between Haryana Waqf Board vs.

Shanti Sarup & Ors.?

         Digitally
                                                    (MADHAV J. JAMDAR, J.)
         signed by
         ARJUN
ARJUN    VITTHAL
VITTHAL  KUDHEKAR
KUDHEKAR Date:
         2022.12.03
         14:17:45
         +0530