Bombay High CourtCAS/889/2016ca disposed off

Shri. Prabhakar Uddhav Jivtode v. Shri. Swapnil Vitthal Jivtode

2017-06-27Hon'Ble Shri Justice A.S. Chandurkar1 pages

1 2760cas889.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.889 OF 2016 IN SECOND APPEAL ST. NO.14978 OF 2016.

SHRI PRABHAKAR UDDHAV JIVTODE VS SHRI SWAPNIL VITTHAL JIVTODE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. B. Turankar, Advocate for the appellant. CORAM : A.S. CHANDURKAR, J.

DATED : JUNE 27, 2017.

Considering the reasons mentioned in the application and as there is no contest by the non-applicant, the delay in filing the second appeal stands condoned. Civil application is allowed and disposed of. SECOND APPEAL ST. NO.14978 OF 2016.

Issue notice on the following substantial question of law.

Whether the conclusion arrived at by both the Courts that the alleged partition was acted upon after which the suit property became absolute property of Udhav is based on evidence available on record?

Notice returnable on 21-8-2017.

JUDGE /MULEY/