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Bombay High CourtSA/345/2016dismissed

Bhiku S/O. Gulab Chavhan v. Sau. Ramabai W/O. Madhukar Naranje And Another

2022-06-28Hon'Ble Smt. Justice M. S. Jawalkar2 pages

916 sa 345-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.345/2016 Bhiku S/o Gulab Chavhan Vs.

Sau Ramabai W/o Madhukar Naranje and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri K.S. Narwade, Advocate for appellant Ms. Swati Kulkarni, Advocate for respondents CORAM : SMT. M.S. JAWALKAR, J.

DATE : 28/06/2022 1.

Present appeal is preferred being aggrieved by the judgment and decree dated 28/12/2015, passed by learned Adhoc District Judge - 1, Kelapur in Regular Civil Appeal No. 35/2011 by which the judgment and decree dated 26/04/2011 in Regular Civil Suit No. 108/2009 passed by the learned Joint Civil Judge, Junior Division, Kelapur came to be confirmed.

2.

The suit was filed for declaration and for recovery of possession by the respondent. The said suit came to be decreed in favour of plaintiff and learned Counsel for the plaintiff/respondent informs that by executing the said decree, possession is also received. The learned Counsel for the respondent filed copy of possession letter and order passed by the executing board. Further, there are concurrent findings of fact rendered by the Courts below. Thus, I do not see any substantial question of law involved in the matter.

916 sa 345-2016.odt 3.

In view of these facts nothing survives in the appeal. 4.

The appeal is dismissed.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE