Bombay High Court
Asaram Balaji Talekar Died Lrs. ... vs Mahadu Sakruji Raut Died Lrs. ... on 6 November, 2023
Bench: S. G. Mehare
2023:BHC-AUG:24188
28-sa-560-2019.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
SECOND APPEAL NO.560 OF 2019
WITH CA/11949/2019 IN SA/560/2019
Asaram s/o Balaji Talekar
Since deceased through his heirs
and Legal Representatives
1. Kausabai wd/o Asaram Talekar
Age : 71 years, Occu : Agril.,
R/o Gandheli, Tq. & Dist. Aurangabad.
2. Ramesh s/o Asaram Talekar
Age : 52 years, Occu : Agril.,
R/o Gandheli, Tq. & Dist. Aurangabad.
3. Sukhdev s/o Asaram Talekar
Age : 50 years, Occu : Agril.,
R/o Gandheli, Tq. & Dist. Aurangabad.
4. Namdev s/o Asaram Talekar
Age : 44 years, Occu : Agril.,
R/o Gandheli, Tq. & Dist. Aurangabad.
5. Dnyaneshwar s/o Asaram Talekar
Age : 42 years, Occu : Agril.,
R/o Gandheli, Tq. & Dist. Aurangabad. ..Appellants
Versus
1. Mahadu s/o Sakruji Raut
since deceased through his
Heirs and Legal Representatives.
1A. Radhabai w/o Mahadu Raut
Age : 77 years, Occu : Household.
1B. Maroti s/o Mahadu Raut
Age : 58 years, Occu : Agril.,
1C. Shevantabai Mahadu Raut
Age : 56 years, Occu : Agril.,
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(2)
1D. Bhagaji s/o Mahadu Raut
Age : 54 years, Occu : Agril.,
1E. Chandrakalabai Gorakhnath Gadekar
Age : 52 years, Occu : Household
All R/o Dludhad. Tq. & Dist. Aurangabad.
1F. Shashialabai Namdeo Chede
Age : 45 years, Occu : Household
R/o Kannad, Tq. Kannad,
Dist. Aurangabad.
1G. Shobhabai Datta Gadekar
Age : 43 years, Occu : Household
1H. Sarlabai Shankar Gadekar
Age : 40 years, Occu : Household
R/o Chikalthana, Chaudhari Colony,
Aurangabad.
2. The State of Maharashtra
Through Collector, Aurangabad. ..Respondents
...
Advocate for Appellants : Mr. Godhamgaonkar A.G.
AGP for Respondent/State : Mr. P.G. Borade
Advocate for Respondent No.1D, 1A to 1C, 1E to 1H : Mr. P.R.
Katneshwarkar h/f Mr. S.B. Solanke
...
CORAM : S.G. MEHARE, J.
DATED : NOVEMBER 06, 2023
ORAL JUDGMENT :-
1. Heard learned counsel for the appellants and learned
counsel for the respondents.
2. This Court admitted the appeal by order dated
03.10.2019. This Court had formulated three substantial questions of
law. The counsel for the respondent in whose favour the impugned
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(3)
judgment and decree is passed fairly concedes that it is an order
without appropriate reasons. Hence, by consent of both counsels, the
following substantial questions of law are reformulated :
(I) Whether the impugned judgment and order of the First
Appellate Court is in consonance with Order 41 Rule 31 of the
Civil Procedure Code?
3. The respondent in whose favour the impugned order is
passed has conceded that the order is without framing the points for
determination. The First Appellate Court was supposed to discuss all
the questions in the appeal, but it did not happen. Hence, it is not in
consonance with Order 41 Rule 31 of the Civil Procedure Code.
4. Perusal of the impugned judgment reveals that it is not in
consonance with Order 41 Rule 31 of the Civil Procedure Code.
Hence, substantial question of law is answered in affirmative.
5. For the above reasons, the following order is passed :
ORDER
(i) The appeal is allowed.
(ii) The judgment and decree of the learned District Judge-3 and
Additional Sessions Judge, Aurangabad passed in R.C.S. No.128 of
2017 dated 13.09.2019 is quashed and set aside.
(iii) The learned District Judge-3, Aurangabad is directed to decide
the appeal afresh by following strictly the Order 41 Rule 31 of the
Civil Procedure Code.
28-sa-560-2019.odt
(iv) Both parties are directed to appear before the concerned
District Judge on 03.01.2024.
(v) The learned District Judge-3 shall subject to the co-operation of
the lawyers and parties, decide the appeal within three months from
the date of their appearance.
(vi) Record and proceedings be returned to the learned First
Appellate Court.
(vii) Rule is made absolute in above terms.
(viii) Pending civil applications, if any, stand disposed of.
(S.G. MEHARE, J.)
Mujaheed//
