Kona Krishnarao S/O Kona Hanumantrao ... vs Jaggu Ahmed Khan And Others
2024 Latest Caselaw 779 Bom

Bombay High Court

Kona Krishnarao S/O Kona Hanumantrao ... vs Jaggu Ahmed Khan And Others on 12 January, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

                                                     1          42.sa185.2022

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.

                   SECOND APPEAL NO. 185 OF 2022
               Kona Krishnarao S/o. Kona Hanumantrao Nayudu
                                     .VS.
                        Jaggu Ahmed Khan and others
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
         Mr.Abhijit Deshpande, Advocate for the appellant


                           CORAM : G.A. SANAP, J.

DATE : JANUARY 12, 2024.

Heard learned Advocate for the appellant. Perused the record and proceedings.

2. Issue notice to the respondents on following substantial questions of law.

(A) Whether the Learned Judge of the First Appellate Court, erred in holding that the Trial Court did not exceed the scope of order of remand passed by this Hon'ble Court in First Appeal No. 472 of 2009, in deciding the entire suit afresh on merits particularly, when the order of remand directed the Trial Court to consider aspect of limitation only and record finding accordingly ?

2 42.sa185.2022

(C) Whether an Order of "status quo" as regards an immovable property could be equated or treated at part with an injunction or order staying or restraining institution of a suit as envisaged under Section 15(1) of the Limitation Act, 1963 ?

3. Notice made returnable within four weeks.

CIVIL APPLICATION CAS NO. 480 OF 2022

4. Heard learned Advocate for the appellant.

5. Issue notice to the respondents, returnable within four weeks.

6. In the meantime, there shall be stay to the execution of impugned judgment and decree.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 12/01/2024 12:50:16