Uttam Pandu Phukte And Another vs Shaligram Pandu Phukte And Another
2023 Latest Caselaw 11872 Bom

Bombay High Court

Uttam Pandu Phukte And Another vs Shaligram Pandu Phukte And Another on 29 November, 2023

Author: S. G. Mehare

Bench: S. G. Mehare

2023:BHC-AUG:24978
                                                  1                        908-AO.20-19.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   908 APEAL FROM ORDER NO.20 OF 2019
                                    WITH CA/3343/2019 IN AO/20/2019

                                  UTTAM PANDU PHUKTE AND ANOTHER
                                              VERSUS
                                SHALIGRAM PANDU PHUKTE AND ANOTHER

                                                     ...
                      Advocate for Petitioners : Mr. Surve Hemant, Mr. Surve K. H.
                                                     ...

                                               CORAM :      S. G. MEHARE, J.

                                               DATE :       29.11.2023

                     PER COURT :-

1. Heard the learned counsel for the appellants.

2. The appellants were the plaintiffs. They had claimed the

share in the suit property. They had filed a suit for declaration

that the Will deed in question was not legal, proper and it was

obtained by fraud. Their suit was dismissed. However, the First

Appellate Court set aside the impugned judgment and decree

of dismissal of the suit and remitted the matter back directing

the trial court to give an opportunity to both sides to adduce

the evidence to prove or disprove the original Will deed dated

30.01.2004.

3. Perused the impugned judgment and order of the First

Appellate Court. The reasons assigned by the First Appellate

2 908-AO.20-19.odt

Court for remand appears to be legal and proper. No harm has

been caused to the plaintiffs/appellants by the impugned

judgment and order. No question of law appears to have been

involved in the appeal and there are no grounds to interfere

with the impugned judgment and decree of the First Appellate

Court.

4. In view of the above, the Appeal from Order stands

dismissed at the admission stage.

5. Civil Application stands disposed of accordingly.

6. If the parties would co-operate, the trial court may

expedite the trial.

(S. G. MEHARE, J.)

...

vmk/-