Waman Balu @ Balwant Nimbalkar vs Vyankat Balwant ...
2023 Latest Caselaw 7408 Bom

                                                                                 4-sa-4-2022.doc
Pallavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                       SECOND APPEAL NO.4 OF 2022

          Waman Balu @ Balwant Nimbalkar                                   ...Appellant
               Versus
          Shri Vyankat Balwant Nimbalkar
          (Deceased hence abated) & Ors.                                   ...Respondents

                 Mr. Prabhanjan B. Gujar, for the Appellant.

                                              CORAM : MADHAV J. JAMDAR, J.

DATE : 25th JULY 2023 P.C. :

1. Heard Mr. Gujar, learned counsel appearing for the Appellant.

Second Appeal is admitted on the following substantial questions of

law :-

(I) Whether the learned First Appellate Court is justified in dismissing the suit after recording the finding that the Appellant has purchased the suit property to the extent of 26R? (II) Whether the findings of the Lower Appellate Court passed in the impugned Judgment and Decree are in accordance with the evidence on record as the First Appellate Court records finding that the Appellant is in possession of certain portion of the suit land and still dismisses the suit on the ground that the Appellant has failed to prove possession of entire suit property?

[MADHAV J. JAMDAR, J.]