Vasant Ramlal Vanjari v. Charandas Hansraj Vanjari

2025:BHC-AUG:8309 901-sa-30-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 901 SECOND APPEAL NO. 30 OF 2024 (WITH CIVIL APPLICATION NO. 2263/2025) VASANT RAMLAL VANJARI

VERSUS

CHARANDAS HANSRAJ VANJARI ...

Mr. Patil Ujwal Subhash, Advocate for Appellant. Mr. Suraj P. Tiwari Advocate for Respondent No.1. ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

19th MARCH, 2025 P.C.:

1.

Since the appeal is dismissed on merits, order dated 26.02.2025 passed below Civil Application No.2263 of 2025 for issuing notice to legal representatives of deceased respondent No.2 is recalled. Remove the order from the website.

2.

It is also necessary to clarify that on 26.02.2025, the matter was listed for orders on Civil Application No.2263 of 2025 and the learned Advocate for the appellant pressed for orders on stay application, since, the impugned decree was likely to be executed. Finding that substantial question of law was not framed in the appeal, the Court asked the learned Counsel for the appellant to advance submissions on merits of the matter, since interim relief could not be granted without framing substantial question of law. In these circumstances, the learned Counsel advanced submissions on merits of the Second Appeal which came to be dismissed on 26.02.2025 recording that no substantial question of law arose for consideration.

901-sa-30-2024.odt 3.

The matter was taken up with consent of both the advocates, since the original plaintiff i.e. respondent No.1 in the matter is the only contesting respondent.

4.

In view of the above, Civil Application No.2263/2025 also stands disposed of.

[ROHIT W. JOSHI J.] Narwade/