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Bombay High CourtCAS/358/2019ca disposed off

Sudam S/O Champat Gajbhiye v. Mohd. Ismail S/O Nathubhai Pinjari And Others

2019-04-15Hon'Ble Shri Justice Rohit Baban Deo1 pages

cas358of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) 358 OF 2019 IN SECOND APPEAL 29 OF 2017 (Sudam s/o. Champat Gajbhiye..vs.. Mohd. Ismail s/o. Nathubhai Pinjari & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. T.G. Bansod, counsel for appellant.

CORAM: ROHIT B. DEO, J.

DATE: 15 th APRIL, 2019.

The learned counsel for the appellant states that it would not be necessary for this Court to look into the evidence and that no arguments or submissions shall be advanced on the basis of the evidence on record. This statement is accepted as an undertaking to the Court. The impression which is given to this Court is that pure question of law is involved and beyond the reasons recorded by the Courts below, no other material would have to be looked into. In this view of the matter, filing of private paper book is dispensed with and this is being done at the risk of the appellant and in view of the undertaking given that beyond the judgments, the appellant shall not make any reference to or rely upon to the evidence on record.

JUDGE rsb