Appasaheb Govind Tate v. Ridwan Mirasaheb Gaiban

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.232 OF 2019 WITH CIVIL APPLICATION NO.451 OF 2019 Appasaheb Govind Tate ...

Appellant/Applicant

Versus

Ridwan Mirasaheb Gaiban And Another ...

Respondents WITH SECOND APPEAL NO.684 OF 2019 WITH CIVIL APPLICATION NO.454 OF 2019 Appasaheb Govind Tate ...

Appellant/Applicant

Versus

Latif Mirsaheb Gaiban And Others ...

Respondents .....

Mr. Yuvraj P. Narvankar for the Appellant in both Second Appeals. Mr. P.R. Arjunwadkar for Respondent Nos.1 and 2 in Second Appeal No.232 of 2019 and for Respondent Nos.1 to 3 in Second Appeal No.684 of 2019.

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CORAM : S.C. GUPTE, J.

DATE : 20 NOVEMBER 2019 P. C. :

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After the Second Appeals are heard at some length, it is agreed between learned Counsel for the parties that the impugned orders passed by the District Court at Ichalkaranji, Kolhapur on 19 November 2018 and 23 November 2018, respectively, may be stayed and the

2/3 appeals may be remanded to the Court for framing of a point of determination concerning limitation and hearing the parties on the point and passing orders.

The orders of 19 November 2018 and 23 November 2018 are, accordingly, stayed and Regular Civil Appeal Nos.15 of 2016 and 16 of 2016 are remitted to the District Court at Ichalkaraji, Kolhapur for framing of a point of determination concerning limitation, hearing the parties and passing orders thereon. It is made clear that the hearing before the District Court shall pertain only to the issue of limitation and nothing beyond that. It is also made clear that the controversies concerning the other grounds of challenge raised in the present second appeals are kept open.

The parties shall appear before the District Court at Ichalkaranji, Kolhapur on 2 December 2019 at 11.00 a.m. and seek directions for hearing of the matters. The District Court is requested to accord priority to the matters and complete the hearing and pass orders as expeditiously as possible and preferably within six weeks from 2 December 2019.

In the meantime, the decrees of specific performance are stayed. The Second Appeals may be taken up for hearing after orders are passed on remand by the District Court. The civil applications

3/3 are disposed of with liberty to take out fresh applications if the Second Appeals are required to be heard further. (S.C. GUPTE, J.)