Shri Narendra S/O Shrikisan Vyas v. Shri Prakash @ Nana S/O Haribhau Mandlik

42. SA 122.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 683 OF 2023 AND 1059 OF 2025 IN SECOND APPEAL NO.122 OF 2017 Narendra s/o Shrikisan Vyas Vs. Prakash @ Nana s/o Haribhau Mandlik Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. B. N. Mohta, Advocate for appellant.

Mr. N. R. Bhisikar, Advocate for respondent.

CORAM : ROHIT W. JOSHI, J.

DATE : 15.10.2025.

.

Heard Dismissal of Appeal is sought on the ground that the appellants have created third party interest over the suit property by selling the same during the pendency of the Second Appeal. This cannot be a ground for dismissal of the appeal.

3.

At best, the sale deed will be subject to Section 52 of the Transfer of Property Act. However, there is an alternate prayer for urgent hearing. The appeal is of the year 2017, it arises out of a civil suit filed in the year 2003. The litigation is pending for more than 22 years. Prayer for early hearing, is therefore, granted. 4.

List the Appeal for final hearing on 18.12.2025. 5.

The civil applications stand disposed of.

(ROHIT W. JOSHI, J.) Tanmay...