Nandkumar Motilal Singhavi vs Narayan Madu Patil
2022 Latest Caselaw 11220 Bom

                       (914)-SA-679-22.doc.

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

          Digitally
                                         SECOND APPEAL NO.679 OF 2022
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                                    WITH
PANCHAL   Date:
          2022.10.21
          10:02:18
                                     INTERIM APPLICATION NO.19310 OF 2022
          +0530




                       Nandkumar Motilal Singhavi                            ..Appellant
                            Versus
                       Narayan Madu Patil                                    ..Respondent

                       Mr. Atul Damle, Senior Advocate a/w Abhay Dhadiwal & Priyank Daga i/
                       by Jayakar & Partners, for the Appellant.
                       Mr. Chetan V. Bhadane, for the Respondent.

                                                      CORAM : NITIN W. SAMBRE, J.

DATE : 20th OCTOBER, 2022 P.C.

1. Drawing support from the judgment of Apex Court in the matter of Man Kaur Vs. Hartar Singh Sangha reported in (2010) 10 SCC 512, particularly, paragraph 17, Mr. Atul Damle, learned senior counsel would urge that the agreement of sale dated 12 th February, 2007 was not proved, as the plaintiff who is signatory was not examined. There appears to be substance in the contention.

2. As such, issue notice to the respondent, returnable on 6 th December, 2022.

3. There shall be stay to the execution.

4. Call record and proceedings.

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 (914)-SA-679-22.doc.

                       [NITIN W. SAMBRE, J.]




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