Shri Shaligram Nathuji Lande (Koli) And Another v. Smt. Shailaja Dattaraya Palsodkar And Others

1 9 sa 516-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1323/2022 IN SECOND APPEAL NO.516/2018 Shri Shaligram Nathuji Lande and others Vs.

Shailaja Dattaraya Palsodkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.Y. Ghurde, Advocate for applicants Shri R.G. Kavimandan, Advocate for respondent No.1 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

09/01/ The present application is filed by the applicants for grant of permission to raise additional substantial questions of law. Those are as under: "XIII) Whether the issue of bonafide need of the suit premises being an essential issue ought to have been framed by the courts below?

XIV) Whether in absence of any finding on bonafide need, the suit for eviction can be decreed?"

2.

Learned Counsel for respondents vehemently opposed the application on the ground that the relief is claimed under Section 106 of the Transfer of Property Act, 1882. There is no question of finding on bonafide need by the applicants. As such these substantial questions of law will not arise for consideration.

2 9 sa 516-2018 3.

At this juncture, permission to raise additional substantial questions of law is under consideration. For that reason, there is no impediment in allowing the application to raise additional substantial questions of law as mentioned in the application. However, it is made clear that before formulating those substantial questions of law for consideration in this appeal, those will be formulated after hearing both the parties. Hence the application is allowed. 4.

Necessary amendment to be carried out within one week in the appeal memo.

5.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE