Gangaram Kedari Bhushari v. Shantaram Hindurao Bhushari And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4583 OF 2021 Gangaram Kedari Bhushari.

...Petitioner.

Versus

Shantaram Hindurao Bhushari and Others.

..Respondents.

------ Mr. Dilip Bodake for the petitioner.

------ Coram : Sharmila U. Deshmukh, J.

Date : August 9, 2023.

P. C. :

1.

The petition questions the judgment of the appellate Court dated 19th October 2019 confirming the order of trial Court passed below Exhibit-5.

2.

During the hearing of petition, this Court noticed the observations of the appellate Court that before the trial Court the appellant i.e., the plaintiff has filed his afÏdavit of evidence when the matter was for cross examination by the defendants. 3.

In the light of above, writ petition is disposed of. It is made clear that the findings of the trial Court as regards the sale deed being prior in point of time is prima facie observation. The trial Court is by SACHIN RAMCHANDRA PATIL Date:

2023.08.11 12:52:19 +0530 Patil-SR 1 of SACHIN RAMCHANDRA PATIL

requested to decide the proceedings on its own merits, uninfluenced by the prima facie findings made in interlocutory proceedings. [Sharmila U. Deshmukh, J.] Patil-SR 2 of