Vishnu S/O Keshav Sanap And ... vs Anusaya Vithoba Ingle (Deleted) ...
2022 Latest Caselaw 10347 Bom

                                                                                                     (1)                                                 29cra96.16

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

                            CIVIL REVISION APPLICATION (O) NO. 96 OF 2016
              Vishnu Keshav Sanap and anr__ Vs. ___Anusaya Vithoba Ingle and ors
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
           Mr. R.L.Khapre, Advocate for applicant
           Mr. M.G.Sarda, Advocate for non-applicants.


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     07/10/2022


                                               1]                           Heard Mr. Khapre, learned counsel for the

applicant and Mr. Sarda, learned counsel for the respondents.

2] In a suit under Section 6 of the Specific Relief Act, the non-applicant has claimed possession of the suit property bearing Survey No. 91/12, admeasuring 6.28 acres, situated at village Khalegaon, Tah. Lonar Dist. Buldhana, in R.C.S. No.1/2008 (old RCS No. 24/1971), in which by the impugned judgment dt 18.11.2016 (page

32) the learned trial Court has granted a decree for possession.

3] Mr. Khapre, learned counsel for the applicant submits that earlier in point of timed the plaintiff/Non-applicant had filed Civil Suit No. 6/1967, which was also under Section 6 of Specific Relief Act and it was dismissed in default on 30.4 1969. Thereafter the (2) 29cra96.16

present suit came to be filed i.e. RCS No. 24/1971, claiming that the plaintiff/Non-applicant was in possession after the earlier suit was dismissed, which position has been accepted by the learned trial Court without rendering a finding as to how the possession was established to have been received, consequent to the dismissal of the earlier suit, when the applicant/defendant had denied having so delivered the possession.

4] Mr. Khapre, learned counsel for the applicant seeks to place on record the plaint in both the suit as well as the evidence of the plaintiff.

5] List the matter on 14.10.2022.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:10.10.2022 11:45