Madhukar K. Deogirkar (Dead) Thr. Lrs. Shashikala Wd/O M. Deogirkar, Thr. Vinod Deogirkar And Other v. Shri Dilip S/O Vithobaji Waghmare

13-CAS-1552-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.1552 OF 2017 IN SECOND APPEAL ST. NO.26197 OF 2016 Madhukar s/o Kashiram Deogirkar (Dead) Thr. LRs Shashikala wd/o Madhukar Deogirkar and ors.

-vsDilip s/o Vithobaji Waghmare, Umred, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. S. Tiwari, Advocate for applicants.

Shri S. M. Patrikar, Advocate for respondent. CORAM : A.S.CHANDURKAR, J.

DATE : August 30, 2018 Considering reasons mentioned in the application, the delay of two days in filing the Second Appeal is condoned.

Civil Application and allowed and disposed of. Second Appeal St. No.26197/2016 Heard.

The following substantial question of law arises for consideration :

" In the light of the fact that the original defendants had filed cross-objection below Exhibit-8 for challenging the finding recorded by the trial Court as regards agreement dated 06/06/2000 being proved and this crossobjection not having been decided by the appellate Court, whether the judgment of the appellate Court stands

13-CAS-1552-17 2/2 vitiated ? "

Shri S. M. Patrikar, learned counsel waives notice on behalf of the respondent.

Put up for further consideration on 17/09/2018. JUDGE Asmita Adwait Bhandakkar Adwait Bhandakkar Date: 2018.08.31 10:50:09 +0530 Asmita