Parasnath S/O Tukaram Bawangade v. Kasabai D/O Tukaram Bawangade

30sa493of2017 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Second appeal No.493/2017 Parasnath s/o Tukaram Bawangade V/s Kasabai d/o Tukaram Bawangade ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------- Shri J.M. Shamkuwar, Advocate for the applicant. Shri S.W. Sambre, Advocate for the respondent. CORAM : A.S.CHANDURKAR, J.

DATE : 18/06/2018.

Heard.

Admit on the following substantial question of law: Whether the pleading that the Gift Deed dated 15-3-1996 was a fraudulent document and whether the evidence on record led by the parties is sufficient for decreeing the suit for cancellation of the Gift Deed?

Shri S.W. Sambre, learned Counsel waives notice on behalf of respondent.

Liberty to apply for hearing after the record and proceedings are received.

Civil Application (S) No. 1336/2017 By this application, the applicant prays that the decree passed by the trial Court be stayed during the pendency of the appeal. The applicant is in possession of the suit property. Hence, during the pendency of the appeal execution of the decree shall remain stayed. However, the applicant shall not create any third party right in the suit property. Civil Application is allowed and disposed of. JUDGE RKN