Ramkishan Dattu Salunke And Anr vs Baburao Keruji Pisal Died Th Lrs Asaram ...
2023 Latest Caselaw 12643 Bom

Bombay High Court

Ramkishan Dattu Salunke And Anr vs Baburao Keruji Pisal Died Th Lrs Asaram ... on 12 December, 2023

Author: S. G. Mehare

Bench: S. G. Mehare

                                1                       16-SA-26-15.odt



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                 SECOND APPEAL NO. 26 OF 2015

          RAMKISHAN DATTU SALUNKE AND ANOTHER
                           VERSUS
          BABURAO KERUJI PISAL DIED THROUGH LRS
              ASARAM BABURAO PISAL AND OTHERS
                               ...
      Advocate for Appellants : Mr. Girish K. Thigale (naik)
 Advocate for Respondents No. 1 to 5 : Mr. Ajay T. Kanawade
                                    holding for Mr. P. R. Patil
Advocate for Respondents No.6 and 7 : Mr. S. B. Kendre holding for
                                       Mr. P. R. Katneshwarkar
                               ...

                                    CORAM :    S. G. MEHARE, J.

                                    DATE    : 12-12-2023

PER COURT :-

1. Learned counsel for respondent No.1 states that the same

impugned judgment and decree was assailed in Second Appeal

No.43 of 2011 in which the present appellants were also the

parties. The issues involved in the said appeal and the appeal in

hand, were identical. The appointment of the commissioner by the

learned first Appellate Court was objected. This Court, by order

dated 14.08.2023 passed in Second Appeal No.43 of 2011, has

dismissed the appeal summarily of defendant No.3 Rajendra

Sahebrao Pisal. He further submits that the issues involved in this

case have already been decided. Therefore, there is no question

to rehear the appeal on the same issues. He places on record the

copy of the order of this Court passed in S.A.No.43 of 2011 dated 2 16-SA-26-15.odt

14.08.2013.

2. Learned counsel for the appellants seeks time to ascertain

the fact. Time granted.

3. Stand over to 24.01.2024.

( S. G. MEHARE ) JUDGE

rrd