Bombay High Court
Digambar Pandurang Pawtekar (Deceased ... vs Shri. Purushottam Copinath Waikar ... on 14 July, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2025:BHC-AS:29480
51-SA-435-2024 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.435 OF 2024
WITH
INTERIM APPLICATION NO.10621 OF 2024
Digambar Pandurang Pawtekar ...Appellants
[deceased through legal heirs]
1(a) Surekha Vilas Kapale
[Since deceased]
1(b) Ratan Kantarao Jade & Ors.
Versus
Purushottam Gopinath Waikar Charitable Trust ...Respondents
by its authorized trustees
1(a) B. F. Bode & Ors.
______________________________________________________________
Ms. Sangita Shrotri Vaidya a/w Ameya Borwankar, for the Appellants.
Mr. Surel Shah, Senior Advocate i/b Sandeep R. Waghmare, for
Respondent No. 2.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 14 JULY 2025
JUDGMENT:
1. Heard Ms. Sangita Shrotri, learned Counsel appearing for the
Appellant and Mr. Surel Shah, learned Counsel appearing for the
Respondent No.2.
2. Mr. Surel Shah, learned Senior Counsel states that Respondent
No.1 is no more necessary party as the Respondent No.1 has sold the
property to the Respondent No.2.
3. A learned Single Judge has admitted the Second Appeal on the
following substantial questions of law.
Mayur
51-SA-435-2024 (C).doc
"(i) Whether both the Courts ought to have framed an issue of
jurisdiction of Civil Court, with regard to defendant's claim of
defendant no. 3 having been inducted as tenant in respect of
property no. 1A.
(ii) Whether both the Courts ought to have taken into
consideration whether in view of the claim of tenancy of
defendant no. 3 in respect of property no. 1A, Civil Court would
get jurisdiction to decide the suit so far as property no. 1A is
concerned?
(iii) Whether the first Appellate Court erred in not framing a
point on determination of defendant no. 3's tenancy rights
inspite of allowing the application for producing additional
evidence and had taken on record copies of judgment and
decree in RCS No. 937 of 1983 and the documents in respect of
Small Causes Suit No. 2626 of 1975 by way of additional
evidence?"
4. At the outset, Mr. Surel Shah, learned Counsel appearing for the
Respondent No.2 states that the above substantial question of law No.
(iii) is inter alia concerning not taking into consideration documents
produced as additional evidence. He therefore states that Respondent
No. 2 has no objection if by setting aside the impugned Judgment and
Decree dated 20th April 2024 passed by the learned District Judge, Pune
in Regular Civil Appeal No. 480 of 2015 the same is remanded back to
the learned Trial Court. Ms. Shrotri-Vaidya, learned Counsel appearing
for the Appellant states that the Appellant has no objection for the
same.
5. Both the learned Counsel state that the Appeal before the learned
Appellate Court after remand will be confined to suit property No.1A.
Mayur
51-SA-435-2024 (C).doc
6. Accordingly, by consent of parties, the Judgment and Decree
dated 20th April 2024 passed by learned District Judge-20, Pune in
Regular Civil Appeal No.480 of 2015 is quashed and set aside to the
extent of suit property No.1A and the said Regular Civil Appeal No.480
of 2015 is restored to the file of the learned District Judge-20, Pune.
However, it is clarified that the said remand is only with respect to suit
property Nos.1A. Thus, as far as the property No.1B is concerned, the
said Judgment and Decree dated 20th April 2024 is maintained.
7. Till hearing of the said Regular Civil Appeal No. 480 of 2015,
after remand, there shall be stay to the execution of the Judgment and
Decree dated 15th June 2015 passed by the learned 2 nd Joint Civil Judge
Senior Division, Pune in Special Civil Suit No. 1502 of 2006.
8. As the said Appeal remanded before the First Appellate Court is
of the year 2015, the learned First Appellate Court is requested to
dispose of the First Appeal expeditiously within a period of 15 months
from today.
9. In view of the disposal of the Second Appeal, nothing survives in
the Interim Application and the same is also disposed of.
10. Both the parties to appear before the concerned First Appellate
Court on 18th August 2025.
[MADHAV J. JAMDAR, J.]
Mayur
