Bombay High CourtCAS/1046/2022ca disposed off

Harishankar S/O Maroti Dorle v. Narayangiri S/O Pachangiri Goswami And Others

2023-03-29Hon'Ble Smt. Justice M. S. Jawalkar2 pages

31 sa 377-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 377/2022 Harishankar S/o Maroti Dorle (Dead) through L.Rs. Indira Harishankar Dorle and others Vs.

Narayangiri S/o Panchangiri Gosawami and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri P.D. Meghe, Advocate for appellants Shri A.K. Choube, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 29/03/2023 Heard.

The Appeal is admitted on following substantial question of law :

"(i) Whether learned Appellate Court recorded perverse finding regarding cash payment of Rs.5,00,000/- and in respect of readiness and willingness of the plaintiff?

(ii) Whether the learned Appellate Court justified in reversing the judgment and decree passed by the Trial Court, specifically when the learned Trial Court has recorded its finding that plaintiff failed to establish that the cash payment of Rs.

5,00,000/- was made to the defendant?

Jayashree..

31 sa 377-2022.odt (iii) Whether learned First Appellate Court recorded perverse finding with regard to receipt of cash payment of Rs.5,00,000/-"

As record is available, learned Counsel for the appellant to file private paper book within four weeks. List the matter for final hearing on 27/04/2023 at 2:30 p.m.

CIVIL APPLICATION (CAS) NO. 1046/2022 In view of the fact that second appeal is admitted, there shall be stay to the effect, execution and operation of judgment passed by the learned Adhoc District Judge-1, Nagpur in Regular Civil Appeal No. 611/2017 dated 08/04/2022.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..