Devidas Dashrath Landge And ORS. v. Tukaram Komple And ANR.

2025:BHC-AUG:18920 1 945.SA.266-1999.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 266 OF 1999 DEVIDAS DASHRATH LANDGE AND ORS.

VERSUS

TUKARAM KOMPLE AND ANR.

...

Advocate for Appellants : Mr. H.B. Nandgawal h/f Mr. Shri V.G.Sakolkar ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 18th JULY 2025 PER COURT :

1.

Heard learned Counsel for the Appellants. None appears for the Respondents.

2.

The present appeal was admitted on 18.07.2011 on substantial questions of law involved in ground no.11. The contesting party - Respondent No.1/Tukaram Komple filed affidavit stating that he relinquished right in the suit land which he had acquired by way of sale transaction under question. It is further stated that possession was also handed over to the Appellants. The suit is for declaration, injunction in respect of the selfsame subject matter and sale deed dated 15.06.1981.

3.

The Respondents and their Counsel are absent, but affidavit referred above is on record. Learned Counsel for the Appellants confirms that his clients received permission long back.

2 945.SA.266-1999.doc 4.

In that view of the matter, nothing remains to be adjudicated.

5.

Second Appeal is disposed of as infructuous.

SHAILESH P. BRAHME JUDGE NAJEEB..