The Maternity Home Pulgaon Thr. Rameshkumar Suvalal Patni And Other v. Narayan Marotrao Pohankar

1 1206cas643.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.643 OF 2014 IN SECOND APPEAL NO.153 OF 2014 THE MATERNITY HOME, PULGAON VS NARAYAN MAROTRAO POHANKAR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C. B. Dharmadhikari, Advocate for the appellants. CORAM : A.S. CHANDURKAR, J.

DATED : JUNE 12, 2017.

Though the legal heirs of the sole respondent have been served with the present application, there is no appearance on their behalf to oppose the prayers made therein. Hence, the application is allowed. The legal heirs are permitted to be brought on record.

The amendment be carried out within a period of one week from today.

Civil application is allowed and disposed of. SECOND APPEAL NO.153/2014.

Heard.

Admit on the following substantial question of law:

Whether the reversal of the decree by the appellate Court with regard to plot No.1639 on the ground that the original defendant had perfected his title by adverse possession and that the suit for recovery of possession

2 1206cas643.14 was barred by limitation is based on material available on record?

Call for R & P.

CIVIL APPLICATION (S) NO.295/2014.

Issue notice to the legal heirs of the sole respondent returnable on 24-7-2017.

By way of ad interim relief, the legal heirs are restrained from creating any third party rights in the suit property.

JUDGE /MULEY/