Krushnarao S/O Shioramji Shirpurkar v. Ashok S/O Nathmalji Rathi

19-SA-256-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.256 OF 2014 Krushnarao s/o Shioramji Shirpurkar -vsAshok s/o Nathmalji Rathi ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. C. Dharmadhikari, Advocate for appellant. Shri A. Parchure, Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : AUGUST 07, 2017 Heard.

Admit on the following substantial question of law :

" When trial Court has held the suit for possession to be barred by the law of limitation on the ground that the plaintiff was never put in possession pursuant to sale deed dated 10/05/1989, whether the Appellate Court was justified in reversing said finding by taking into consideration the aspect of defendant's adverse possession though the same was not pleaded ? "

Shri Parchure, learned counsel waives notice on behalf of the respondent.

C.A.S. No.559 of 2014 By this application it is prayed that the execution of

19-SA-256-14 2/2 decree for possession be stayed during pendency of the appeal. It is submitted that as the appeal has been admitted, possession of the appellant deserves to be protected.

The application is opposed by learned counsel for the respondent on the ground that the suit has been rightly decreed in his favour.

Considering the nature of decree that has been passed, the possession of the appellant shall remain protected during pendency of the appeal. However, appellant shall not create any third party rights in the suit property.

Civil application is disposed of.

JUDGE Asmita