Niyojit Vinoba Bhave Smruti ... vs Rukminibai Nagnath ...
2023 Latest Caselaw 879 Bom

                                                                      907-sa-1-2023.doc
     Sonali

       Digitally
       signed by
       SONALI
SONALI MILIND
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND PATIL                           CIVIL APPELLATE JURISDICTION
PATIL Date:
       2023.01.25
       18:16:51
       +0530
                                        SECOND APPEAL NO.1 OF 2023

                    Niyojit Shri. Vinoba Bhave Smruti Sahakari
                    Grahnirman Sanstha Solapur through
                    Chief Promoter Mahboobso Daudso Shaikh             ...Appellant
                        Versus
                    Rukminibai Nagnath Shahpurkar
                    deceased through legal heirs
                    Sumanbai Tukaram Shahpurkar & Ors.                 ...Respondents


                    Mr. Pramod Patil a/w. Mr. Ajit Hon a/w. Shamsunder S., i/b. PNP &
                    Associates, for the Appellant.

                    Mr. Govind Salonke, i/b. Mr. L. S. Deshmukh, for the Respondent
                    No.3A.

                    Mr. Surel S. Shah a/w. Mr. Ishaan Kapse, for Respondent No.4.

                    Mr. Shrishail Sakhare, for Respondent No.7.

                                            CORAM : MADHAV J. JAMDAR, J.

DATED : 25th JANUARY 2023

P.C. :

1. Heard Mr. Pramod Patil, learned counsel appearing for

the Appellant, Mr. Govind Salonke, learned counsel appearing

for Respondent No.3A, Mr. Surel Shah, learned counsel

appearing for the Respondent No.4 and Mr. Shrishail Sakhare,

learned counsel appearing for Respondent No.7.

907-sa-1-2023.doc Sonali

2. The Second Appeal is admitted on the following

substantial questions of law.

i. Whether the finding recorded by the learned First Appellate Court as well as the learned Trial Court that Plaintiff failed to prove execution of agreement dated 27th January 1984 and contents of the same is in accordance with the evidence on record?

ii. Whether the findings recorded by the learned First Appellate Court and the learned Trial Court are after considering the entire evidence on record and particularly the cross-examination of D.W.1- Mallikarjun Nagnath Shahpurkar?

iii. Whether the findings recorded by the learned First Appellate Court and learned Trial Court are without considering the findings recorded in Regular Civil Suit No.662 of 1987 as confirmed by the Appellate Court by the Judgment and Decree dated 30th August 2011 passed in Regular Civil Appeal No.478 of 1999?

[MADHAV J. JAMDAR, J.]