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Bombay High CourtCAO/515/2018admittedallwdgrantedrule absolute

Shrawan S/O Gopinath Kamdi And Others v. Anandrao S/O Gopinath Kamdi And Others

2018-04-05Hon'Ble Shri Justice Manish Pitale2 pages

CAO515-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CAO No.515 of 2018 in MCA St.No.6003/2018 in Rejected Second Appeal No.973 of 2017 (Shrawan Gopinath Kamdi and others .vs. Anandrao Gopinath Kamdi and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. M.P. Kariya, Advocate for Applicants/Appellants. CORAM : Manish Pitale, J.

DATED : April 05, 2018.

These are applications for restoration of appeal and for condonation of delay in moving the said application.

Perused the applications and for the reasons stated in the same, the same are allowed. Delay is condoned and the appeal is restored.

Second Appeal St.No.11395/2017 The following substantial questions of law arise in this appeal:

"(i) Whether the appellants (defendants) can be said to have perfected their title over the suit property by way of adverse possession?

(ii) Whether the suit filed by the respondent No.1 was within limitation?"

Issue notice for final disposal returnable within eight weeks.

Civil Application St.No.11400/2017 Issue notice returnable in eight weeks.

CAO515-18.odt In the meantime, the parties shall maintain status quo.

JUDGE halwai