Ramji Kerba Nagarwad And Another v. Hanmant Digamber Divtewad

931 SA 17 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 SECOND APPEAL NO.17 OF 2022 WITH CA/491/2022 IN SA/17/2022 RAMJI KERBA NAGARWAD AND ANOTHER

VERSUS

HANMANT DIGAMBER DIVTEWAD ...

Advocate for Appellants : Mr. Gangakhedkar Shailendra S. Advocate for Respondent : Mr. Mrigesh D. Narwadkar.

CORAM

: MANGESH S. PATIL, J.

DATE : 03.03.2022.

PER COURT :

Heard both the sides.

2.

Though there are concurrent findings of facts of the courts below holding the respondent/plaintiff entitled to take exception to the sale-deeds executed by him in favour of the appellants on the ground of fraud, taking into account all the attending circumstances and the evidence particularly filing of a separate suit (Regular Civil Suit No. 20/2004) by the wife and minor children against the respondent arraying the appellants as defendants and questioning the self-same sale-deeds as not binding on their shares and when both the suits were allowed to be proceeded independently, the decision in Regular Civil Suit No. 20/2004 could have a bearing on the present decisions of the courts below.

3.

The second appeal stands admitted on following questions of law : (a) Whether the courts below were justified in concluding that there was sufficient pleading and evidence to demonstrate fraud so as to grant a relief under Section 31 of the Specific Relief Act ?

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931 SA 17 OF 2022.odt (b) Whether the lower courts were justified in holding the respondent entitled to the relief in view of the decision in Regular Civil Suit No.20/2004 ?

4.

Considering the nature of the dispute, the parties shall not create any third party interest till the decision of the second appeal. 5.

The Civil Application No. 491/2022 is disposed of. (MANGESH S. PATIL, J.) mkd/- 2/2