Sattar Ahemad Shaikh v. Maheboob Vajir Patel And ORS
{1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD SECOND APPEAL NO.233 OF 2012 Sattar Ahemad Shaikh APPELLANT
VERSUS
Maheboob Vajir Patel & others RESPONDENTS .......
Mr. M. B. Kolpe, Advocate for the appellant Mr. P. M. Gaikwad, Advocate for respondents No.2, 3, 4, 6, 7 & 8 .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 24 th NOVEMBER, 2015 ORDER :
1.
Heard learned advocate for the appellant.
2.
Following substantial questions of law arise in present second appeal.
1. Whether the reversal of decree of the trial court by the appellate court can be said to be proper, without taking into account the four boundaries mentioned in sale deed at Exhibit-71 and those in the sale deed of 1996 at Exhibit108?
2. Whether the appellate court can be said to have properly decided that the possession over the suit property that of the defendants without taking into account evidence in this
{2} behalf simply saying that witnesses show that defendants possess suit property while reversing findings of the trial court, particularly keeping in view the guiding principles referred to under "Santosh Hazari V. Purushottam Tiwari" reported in (2001) 3 SCC 179?
3.
Admit.
4.
Mr. Gaikwad, learned advocate waives service for respondents No. 2, 3, 4, 6, 7 & 8 [SUNIL P. DESHMUKH, J.] drp/sa233-12
{3} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 4103 OF 2012 IN SECOND APPEAL NO.233 OF 2012 Sattar Ahemad Shaikh APPLICANT
VERSUS
Maheboob Vajir Patel & others RESPONDENTS .......
Mr. M. B. Kolpe, Advocate for the applicant Mr. P. M. Gaikwad, Advocate for respondents No.2, 3, 4, 6, 7 & 8 .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 24 th NOVEMBER, 2015 ORDER :
1.
Learned advocate for the applicant submits that during trial there was injunction. He further points out that status quo has been operating under interim orders passed by this court. 2.
In view same, interim relief to continue till further orders. 3.
Civil application stands disposed of.
[SUNIL P. DESHMUKH, J.] drp/sa233-12