Kishor S/O Murlidharrao Ghuge And ORS v. Mudidhar S/O Satwarao Ghuge And ORS

951-CA.9245-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 9245 OF 2025 IN SAST/22525/2025 KISHOR S/O MURLIDHARRAO GHUGE AND ORS

VERSUS

MUDIDHAR S/O SATWARAO GHUGE AND ORS WITH CIVIL APPLICATION NO. 9246 OF 2025 IN SAST/22525/2025 ...

Advocate for Applicants : Ms. More Shubhangi Digambar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 26.08.2025 PER COURT :- 1.

Issue notice to the respondents, returnable on 23.09.2025.

Civil Application for Stay 2.

Issue notice to the respondents, returnable on 23.09.2025.

3.

I have considered submissions of learned counsel for the appellants. Prima facie substantial questions of law are involved in second appeal which are as follows :

951-CA.9245-25.odt (i) Appellants can be non-suited for non-joinder of necessary parties when the persons who are involved in earlier partition are not necessary parties for the present suit ?

(ii) When specific pleading regarding transaction of respondent No.1 with respondent No.2 was without legal necessity was taken, no issue was framed, when the Trial Court justified in dismissing the suit. There are other questions also which are required to be dealt with during the course of admission.

4.

There shall be ad-interim relief in terms of prayer clauses "B" and "C".

5.

Civil application for stay is disposed of.

(SHAILESH P. BRAHME, J.) ...

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