Ambadas Babarao Lothe v. Jagan Namdeo Lothe And Others

1 SA 224/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 224 OF 2014 Ambadas s/o Babarao Lothe Appellant V E R S U S Jagan s/o Namdeo Lothe and others Respondents Mr. P.R. Katneshwarkar, Advocate, holding for Mr. B.S. Kudale, Advocate for the appellant Mr. B.P. Surwase, Advocate for respondent no.1 Mr. K.A. Ingale, Advocate for respondent no.3 CORAM : A. V. NIRGUDE, J.

DATE : 20th JULY, 2015 PER COURT :

1.

Heard.

2.

By consent, following order is passed :- A] Both judgments of the lower Courts are set aside.

B] Case is remanded back to the lower Court for fresh trial for deciding following issues [Earlier Issues are set aside] :- i] Whether the plaintiff proves that his vendors had sufficient title to the piece of land which was sold in his favour ?

2 SA 224/2014 ii] Whether the plaintiff proves that the land in question came to the share of his vendors after land Gat no.11, admeasuring 5 H 56 R was divided between members of family of Rustuma prior or after date of sale-deed ?

iii] Whether plaintiff proves that he is in settled possession of land ?

iv] Whether the plaintiff proves that the saledeed of 2006 executed in favour of defendant no.11 is valid ?

v] Whether defendant no.11 proves that the land he purchased came to the share of his vendor in a partition which took place either prior or after 2006 ?

C] The parties may get some more issues added if required.

D] The appellant/plaintiff is also given fresh opportunity to make application for temporary injunction.

E] Both the parties are given liberty to lead fresh and relevant evidence.

3 SA 224/2014 ...Page 3 In view of above, Second Appeal stands disposed of.

In view of disposal of the Second Appeal, Civil Application No.3341 of 2014 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/20/7/15