Dada Nana Gaikwad And Others v. Ashok Bapu Gaikwad Lrs Vimal And Others

927-SA-135-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.135 OF 2019 WITH CA/3155/2019 IN SA/135/2019 WITH SA/782/2018 WITH CA/11843/2018 IN SA/782/2018 DADA NANA GAIKWAD AND OTHERS

VERSUS

ASHOK BAPU GAIKWAD LRS VIMAL AND OTHERS ...

Advocate for Appellants : Mr. Chandrashekar V. Korhalkar Advocate for Respondent No.4/cavetor : Mr. Suresh P. Salgar holding for Mr. Nitin V. Gaware ...

CORAM :

S. G. MEHARE, J.

DATE :

24-08-2023 PER COURT :- 1.

Heard the learned counsel for the appellants and the learned counsel for the respondents.

2.

The question of title is involved in the case. Both parties have led their evidence before the trial Court. The arguments of the learned counsel for the appellants reveal that one witness from the village panchayat was examined to prove the title. However, she did not support him. When he did not support the plaintiff, he did not cross-examine him. The plaintiff has no document of title except the city survey number. The plaintiff has a case that the suit property was an open plot and owned by him. However,

927-SA-135-19.odt thereafter, the city survey was done and in that survey, house numbers were changed and new city survey (CTS) numbers were given.

3.

After hearing the arguments of the learned counsel for the parties at length, the Court is not satisfied that the substantial questions of law have been involved in the appeal. Since no substantial question of law could be formulated, the appeals do not deserve to be admitted. Hence, the appeals stand dismissed at the admission stage.

4.

In view of the dismissal of the appeals, pending civil applications stand disposed of.

( S. G. MEHARE ) JUDGE rrd