Ishwarlal Shivram Gujar And Others v. Narayan Tryambak Gujar

34.07cra (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 34 OF 2017 1.

Ishwarlal Shivram Gujar, Age: 65 years, Occ: Agri., 2.

Hirkanbai Anna Gujar, Age: Major, Occ: Household, 3.

Bhausaheb Anna Gujar, Age: Major, Occ: Labour, 4.

Kalpanabai Madhukar Jadhav, Age: Major, Occ: Household, 5.

Sarlabai Ishwar Gujar, Age: Major, Occ: Household, 6.

Subhadrabai Natha Gujar, Age: Major, Occ: Household, 7.

Kausalyabai Namdeo Gujar, Age: Major, Occ: Household, Petitioner Nos. 1 to 7 R/o. Ozar, Taluka Chalisgaon, District Jalgaon.

8.

Parbhat Walha Gujar, Age: Major, Occ: Agri., R/o. Takli Pra. Cha.

Taluka Chalisgaon, District Jalgaon.

..APPLICANTS

VERSUS

Narayan Tryambak Gujar, Age: 71 years, Occ: Agri., R/o. Ozar, Taluka Chalisgaon, District Jalgaon.

..RESPONDENT

34.07cra (2) Mr P.S. Shendurnikar, Advocate for applicant; Mr S.P. Brahme, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 11th JULY, 2017 ORAL ORDER :

Present application can be conveniently disposed of with following order.

The order dated 14th July, 2016 passed by Joint Civil Judge, Junior Division, Chalisgaon is hereby set aside and it is directed that the said Court shall decide the issue of limitation afresh without shifting burden to prove it on the defendants, as same is contrary to the very scheme of Code of Civil Procedure and Indian Evidence Act. 2.

Civil Revision Application stands disposed of in above terms.

(N.W. SAMBRE, J.) Tupe