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Bombay High CourtCAS/677/2017ca disposed off

Rajendra Santoshrao Bhongade v. Haribhau Maroti Yawale And Another

2017-09-05Hon'Ble Shri Justice A.S. Chandurkar2 pages

11-CAS-676-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.676 OF 2017 IN SECOND APPEAL ST. NO.7918 OF 2017 Rajendra Santoshrao Bhongade, Ekdara, Warud, Dist. Amravati -vsHaribhau Maroti Yawale and anr.

------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. P. Chaware, Advocate for applicant/appellant. CORAM : A.S.CHANDURKAR, J.

DATE : September 05, 2017 Considering reasons mentioned in the application, the delay in filing the appeal stands condoned. Civil application is allowed and disposed of. Second Appeal St. No.7918 of 2017 Issue notice on the following substantial question of law :

" Whether the finding recorded that the plaintiff has proved his right of easement based on provisions of Section 15 of the Easement Act, 1882 is arrived after considering the entire evidence on record ? "

Notice made returnable on 06/10/2017.

Humdast granted.

11-CAS-676-17 2/2 Civil Application No.677 of 2017 For reasons stated, the application is allowed in terms of its prayer.

Civil Application No.678 of 2017 Issue notice, returnable on 06/10/2017.

Parties shall maintain status quo as of today until further orders.

JUDGE Asmita