Shri Dnyanoba P. Gavali v. Shri Vithal P. Shedge

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 510 OF 1997 Dnyanoba Pandurang Gavali, Since deceased through heirs Shankar Dnyanoba Gavali & Ors.

... Appellants Vs.

Vithal Pandurang Shedge, Since deceased through heirs Hanumant Vithal Shedge & Ors.

... Respondents Mr. V. S. Talkute, for the Appellants.

Mr. Dilip Bodake, for the Respondent Nos. 1-B to 1-C & 1-H. CORAM : A. M. DHAVALE, J.

DATE : 19 th OCTOBER, 2018.

PC:- For the reasons separately recorded in the judgment, following order is passed:

(i) The appeal is allowed.

(ii) The judgment and decree passed by both the courts are set aside.

(iii) Regular Civil Suit No. 249 of 1982 shall stand dismissed. (iv) Both the parties shall bear their own costs throughout. (v) On the request of learned advocate for the Respondent, Mr. Bodake, learned advocate Mr. Talkute appearing for the Appellant makes a statement that Appellant will not create third party interest for a period of two months from today. Statement is accepted.

Sd/- [A. M. DHAVALE, J.]