Mangesh Subhashrao Madamwar And Another v. Prabhakar Natthuji Sambare And Another

2024:BHC-NAG:11330 12.sa.454.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.100 of 2024 in Second Appeal No.454 of 2019 Mangesh Subhashrao Madamwar and another vs.

Prabhakar Natthuji Sambare and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. M.G. Bhangde, Senior Advocate assisted by Mr. R.R. Srivastava, Advocate for the Applicants/Appellants.

Mr. S.K. Pardhy, Advocate for Non-Applicant/Respondent No.1

CORAM

: M.W. CHANDWANI, J.

DATE : 8 th OCTOBER, 2024.

Heard learned Senior Counsel Mr. M.G. Bhangde appearing for the appellants and learned Counsel Mr. S.K. Pardhy for respondent No.1.

02.

By this application, the appellants seek to frame additional substantial questions of law.

03.

So far as the question sought framed in the application at K, L, M and N are concerned, these questions are already covered by the substantial questions of law framed by this Court at Serial No.2 vide order dated 10/10/2019. All other questions sought to be raised in this application can be taken care of by framing the following two substantial questions of law:

(iii)Whether the first appellate Court committed error in dismissing the appeal instead of remanding the matter in the teeth of submission before the first appellate Court that respondent No.2 was negligent in defending

12.sa.454.19 2/2 the suit having lost interest in the suit property after execution of sale-deed in favour of the appellants.? (iv) Whether the trial Court was justified in holding that respondent No.1 was ready and willing to perform his part of contract?

04.

The application is allowed and disposed of in above terms.

05.

List the matter for final hearing after two weeks. JUDGE *sandesh