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Bombay High CourtIA/2597/2022disposed off

Sadashiv Maruti Gaikwad(Since Decd.Thr.Lrs) Parvati Sadashiv Gaikwad And ORS v. Pramod Mansingh Jadhav And ORS

2024-11-27Hon'Ble Ms. Justice Gauri Godse2 pages

by VARSHA VIJAY RAJGURU Date:

2024.12.02 12:38:54 +0530 VARSHA VIJAY RAJGURU 23-sa-366-2022-ia-2597-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 366 OF 2022 WITH INTERIM APPLICATION NO. 2597 OF 2022 IN SECOND APPEAL NO. 366 OF 2022 Sadashiv Maruti Gaikwad(since decd.

Thr. Lrs) Parvati Sadashiv Gaikwad and Ors ... Appellants/Applicants vs.

Pramod Mansingh Jadhav and Ors ... Respondents Mr. Kalpesh Patil a/w. Mr. Kunal Shirgire i/b. Mr. Vikas Kolekar for Appellants.

Mr. Dilip Bodake for Respondent Nos. 1 to 3.

CORAM : GAURI GODSE, J.

DATED : 27th NOVEMBER 2024 ORDER:

1.

Heard learned counsel for the appellants. The second appeal is admitted on the following substantial questions of law: I) Whether the first appellate court could have dismissed the suit when admittedly the suit well is situated on the property belonging to the plaintiffs?

II) In the absence of any supporting evidence on record that the suit well is a public property, whether the reasons Page no. 1 of 2

23-sa-366-2022-ia-2597-2022.doc recorded by the first appellate court would be sustainable in law?

2.

Learned advocate for respondent nos. 1 to 3 waives notice. 3.

In addition to Court notice, learned advocate for the appellants to serve the remaining respondents, by private notice and file affidavit of service.

4.

Call for records and proceedings.

5.

Printing is dispensed with.

6.

Learned advocate for the appellants shall file private paperbook within a period of one year from today. INTERIM APPLICATION NO. 2597 OF 2022 7.

This application is filed for seeking stay to the impugned judgement and decree . By the impugned judgement and decree the trial court's decree in favour of the plaintiff is set aside and the suit is dismissed. Hence, there is no question of stay to the impugned decree.

8.

For the reasons stated above, the interim application is dismissed. The appellants are at liberty to file an appropriate application for appropriate interim relief.

(GAURI GODSE, J.) Page no. 2 of 2