Shri. Chandrakant Bapu Fand And ANR. v. Shri. Vijaykumar Satyanarayan Agarwal And ORS.

46.688.15-sa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

SECOND APPEAL NO.688/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Viswhajit P. Sawant a/w. Prabhakar Jadhav for the Appellant CORAM : K. K. TATED, J.

DATE : OCTOBER 16, 2015 P.C.:

1.

Heard. This appeal is preferred by th Plaintiff challenging the judgment and decree dated 16/12/2014 passed by the Appellate Court in civil appeal No.313/2006 setting aside the judgment and decree passed by the Trial Court in Regular Civil Suit No. 211/1997 dated 01/02/2006.

2.

Admit, on the following substantial question of law :

I) Whether the Appellate Court was right in holding that the Defendant No.1 proved that the suit property was self acquired property of Defendant No.2?

II) Whether the suit filed by the Plaintiff was properly valued on the basis of sale deed dated 06/04/1995 for declaration that the same was not binding on the plaintiff?

Basavraj G Patil 1/2

46.688.15-sa III) Whether the Defendant No.2 has any right to sell the Plaintiff's share, if any, in the suit property ?

3.

Appellants to file private paper book within one year from today, failing which the appeal shall stand dismissed without further reference to the court.

4.

Printing and filing of roznama dispensed with.

5.

The learned counsel for the Respondent waives service.

JUDGE Basavraj G Patil 2/2