1) Shri. Devaji Sitara Kurade vs 1) Smt. Mangliben Holia Kakuwa And Ors
2024 Latest Caselaw 3242 Bom

Bombay High Court

1) Shri. Devaji Sitara Kurade vs 1) Smt. Mangliben Holia Kakuwa And Ors on 2 February, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

2024:BHC-AS:5299

                          rsk                                                       10-SA-875-16.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    SECOND APPEAL NO.875 OF 2016
                                                WITH
                                  INTERIM APPLICATION NO.388 OF 2019

             Devaji Sitara Kurade                                             ...Appellant
             V/s.
             Mangliben Holia Kakuwa and Ors.                                  ...Respondents

             Mr. Mandar Soman for the Appellant.
             Ms. Naina Boraste i/b Mr. G. R. Agrawal for Respondent Nos.1 and 4.

                                        CORAM : SHARMILA U. DESHMUKH, J.

                                        DATE      : 2nd FEBRUARY, 2024.

             P. C.:-

1. Mr. Soman, learned counsel for the Appellant and Ms. Boraste,

learned counsel for Respondent Nos.1 and 4 on instructions submit that in

view of the decision of the Apex Court in the case of Ravindra Kaur Grewal

and Ors. vs. Manjit Kaur and Ors. 2019 Vol 8 SCC 729 the matter may be

remanded to the Appellate Court.

2. The legal position is now settled by the Apex Court in the

decision in Ravindra Kaur Grewal vs. Manjit Kaur (supra) . The Appellate

Court vide impugned judgment has dismissed the Appeal by answering the

issue as regards the maintainability of the claim on the basis of decision in

rsk 10-SA-875-16.doc

the case of Gurudwara Sahib vs. Gram Panchayat Village Sirthala, (2014) 1

SCC 669. As the legal position is now settled by the decision in the case of

Ravindra Kaur Grewal and Ors. vs. Manjit Kaur (supra), the impugned

order is quashed and set aside and the Civil Appeal No.1/2014 is restored to

file to be decided afresh. As Appeal is of the year 2014, the District Court is

required to decide the same expeditiously and in any event within a period

of 6 months from today.

3. Learned counsel for the parties agrees to co-operate in the

hearing of the Appeal and would not seek unnecessary adjournments. It is

made clear that this Court has not gone into merits of the matter and rights

and contentions of both the parties are expressly kept open.

4. Second Appeal stand disposed of in above terms. Interim

Application does not survive for consideration and stands disposed.

(SHARMILA U. DESHMUKH, J.)