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Bombay High CourtSA/66/2015dispossed offdismiss for default

Rajendra S/O Devidas Manmode v. Smt. Pushpalata W/O Mohanchand Sahu And Anothers

2017-01-04Hon'Ble Shri Justice Ravi K. Deshpande1 pages

0401sa66.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.66 of 2015 (Rajendra s/o Devidas Manmode v. Pushpalata w/o Mohanchand Sahu and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.V. Sohoni, Advocate for Appellant.

Shri S.S. Ghate, Advocate for Respondent No.1. Coram : R.K. Deshpande, J.

Date : 4 th January, 2017 Both the Courts below are concurrent in holding that the suit in question is barred by the principles of res judicata. The question of res judicata is a mixed question of law and fact. The Courts below having recorded the concurrent finding, no substantial question of law arises in this second appeal. The second appeal is dismissed.

Judge.

Lanjewar