Shri.Suresh Ramchandra Patil And ORS. v. Shri. Pundalik Savlaram Patil

1 909.171.18 SA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 171 OF 2018 WITH CIVIL APPLICATION NO. 429 OF 2018 IN SECOND APPEAL NO. 171 OF 2018 Shri. Suresh Ramchandra Patil and others .....Appellants V/s.

Shri. Pundalik Savlaram Patil and others .....Respondents Mr. Sandesh Patil i/b Ms. Anusha P. Amin for the appellant Mr. Pravartak Pathak for respondents CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 13, 2020.

P.C.

Heard. Appeal warrants consideration on the following question of law:

2] In view of admission given in the cross-examination by the respondent-plaintiff that the appellant is not in possession of the suit property, whether the Lower Appellate Court has committed an

2 909.171.18 SA.doc error apparent on the face of record in decreeing the suit? 3] Admit.

4] Mr. Pathak waives service for respondents 5] Call for record and proceedings.

6] In view of admission given by respondent-plaintiff about appellant is not in a possession of the suit property, First Appellate Court in my opinion appears to have committed prima facie error. 7] In view thereof, there shall be stay to the execution of the Decree.

8] Civil Application stands disposed of.

[NITIN W. SAMBRE, J.]