Yusuf Abdul Maner Since Deceased Through Legal Heirs v. Ms Mahadeo Dresses Through Partners Mahadev Igushna Rangate Since Deceased Through Legal Heirs
Digitally signed by VARSHA VIJAY RAJGURU Date:
2024.09.25 16:19:24 +0530 VARSHA VIJAY RAJGURU 96-ia-454-2024-sast-14058-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 454 OF 2024 WITH INTERIM APPLICATION NO. 453 OF 2024 IN SECOND APPEAL (ST) NO. 14058 OF 2023 Yusuf Abdul Maner since deceased through Legal Heirs ... Applicants/Appellants vs.
Ms. Mahadeo Dresses through Partners Mahadev Igushna Rangate since deceased through Legal Heirs ... Respondents Mr. Drupad Patil for Applicant.
CORAM : GAURI GODSE, J.
DATED : 18th SEPTEMBER 2024 ORDER:
SECOND APPEAL (ST) NO. 14058 OF 2023 1.
Heard learned counsel for the appellants. Learned counsel for the appellants submits that the second appeal raises the following substantial questions of law:
I) Whether after recording affirmative finding on issue no. 1 and 2 that defendant no.1 got the possession of suit property on 16/3/1978 as usufructuary mortgage, whether learned Judge of Trial Page no. 1 of 2
96-ia-454-2024-sast-14058-2023.doc court was justified in holding that defendants are tenants of the suit property?
II) Whether the First Appellate Court ought to have appreciated that, in the absence of payment of any rent to the plaintiff, can the defendants be called as tenants of suit property? III) Whether the findings recorded by the learned Judges that defendant no.1 is occupying the suit property as tenant since 16th February 1982 is perverse and has been recorded without any evidence?
IV) Whether the learned Judges were justified in rejecting the prayer made for redemption of mortgage, particularly when the execution of said mortgage was duly proved by the plaintiff? 2.
Perused the judgements of both the courts.
3.
Issue notice in Interim Application No. 454 of 2024 to respondents returnable on 17th December 2024. 4.
In addition to Court notice, learned advocate for the applicants to serve the respondents, by private notice and file affidavit of service before the next date.
(GAURI GODSE, J.) Page no. 2 of 2