Dilip S/O Vithobaji Waghmare vs Ashok S/O Murlidhar Sirsikar And Other
2024 Latest Caselaw 3293 Bom

Bombay High Court

Dilip S/O Vithobaji Waghmare vs Ashok S/O Murlidhar Sirsikar And Other on 2 February, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR

                            Second Appeal No.23 of 2024
            [Dilip s/o Vithobaji Waghmare .vs. Ashok s/o Murlidhar Sirsikar and one]


Office   Notes,    Office                       Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Registrar's orders
                             Mr. Sanjay Patrikar, Advocate for Appellant.
                                                  ----------

                             CORAM           : G.A. SANAP, J.

                             DATE            : FEBRUARY 02, 2024.


             .               Heard.

2. Issue notice on the following substantial question of law, returnable within three weeks :

"Whether the judgment, order and decree passed by the first appellate court which is passed in total misappreciation of evidence while concluding that the plaintiff was not ready and willing to perform his part of obligation when the question of obligation was not actually required/arose when the defendant was not himself in a condition to execute the sale deed as he was not performed his obligation under the agreement, can be said to be illegal and perverse in law.?

2/2 8sa23.24.odt

Civil Application (CAS) No.74/2024 Heard.

2. Issue notice to the respondents, returnable within three weeks.

(G.A. SANAP, J.) Gulande

Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 02/02/2024 19:00:32