Ushtabai Ushtu Atram (Deceased) And Another v. Sonu Sukru (Dead), Vithoba Sukru Madavi (Dead) Through Lrs., Suresh S. Madavi And Others

1402cas793.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAS) No.793 of 2015 In Second Appeal Stamp No.15907 of 2015 (Ushtabai Ushtu Atram (Dead), Savitrabai Namdeo Pendam v. Sonu Sukru Madavi (Dead), Vithoba Sukru Madavi (Dead), through LRs. of Respondent Nos.1 & 2, Suresh Sonu Madavi and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri J.A. Anthony, Advocate for Applicant/Appellant. Shri N.R. Bhishikar, Advocate for Respondent No.3(i) to 3(vi). Coram : R.K. Deshpande, J.

Date : 14 th February, 2017 There is a delay of 427 days caused in filing the second appeal. Hence, Civil Application No.793 of 2015 has been filed. The appellant/plaintiff filed a suit simpliciter for permanent injunction restraining the defendants from interfering with her possession over the suit property. The suit was dismissed. The appeal has also been dismissed. The Courts below have concurrently held that the plaintiff is not found to be in possession of the suit property. The learned counsel for the appellant/plaintiff could not point out any substantial question of law arising out of the findings of fact recorded by the Courts below.

1402cas793.15.odt The second appeal is dismissed. Consequently, the civil application for delay in filing the second appeal is disposed of. Judge.

Lanjewar