Balu Nivrutti Mohite v. Anna Bhau Suryawanshi (Surve) Since Deceased Through Legal Representatives

Neeta Sawant 13-SA-105-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 105 OF 2024 Balu Nivrutti Mohite & Ors.

....APPELLANTS V/S.

Anna Bhau Suryawanshi (Surve) since deceased through Legal Representatives ....RESPONDENTS ______________ Mr. Siddharth Shitole, for the Appellants.

Mr. Akshay Kulkarni, for Respondent Nos.2 to 4. _______________ CORAM : SANDEEP V. MARNE, J.

Dated : 7 March 2024.

P.C. :

1) Heard learned counsel appearing for the parties. 2) The Second Appeal is admitted on following substantial questions of law :

(i) Once the first Appellate Court came to the conclusion that the capacity of the Appellants to institute the Appeal was Page No.

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Neeta Sawant 13-SA-105-2024.docx questionable, whether the first Appellate Court could have decided the Appeal on merits ?

(ii) Whether there is perversity in the findings recorded by the first Appellate Court ?

3) Printing dispensed with. Mr. Kulkarni, waives notice on behalf of Respondent Nos.2 to 4. Appellant to file private paper-book on/or before 10 April 2024.

Digitally signed by NEETA SHAILESH SAWANT Date:

2024.03.08 15:18:29 +0530 SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT Page No.

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