Shri Kiran Shankarrao Hatti v. The Collector,Through The State Of Maharashtra,Collector Office And ORS

Neeta Sawant 1/2 10-SA-76-2024.docx Monday, 5 February 2024.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 76 OF 2024 Kiran Shankarrao Hatti ....Appellant V/s.

The Collector, Through the State of Maharashtra, Collector Office, Nagala Park & Ors.

....Respondents ________ Mr.Niranjan Bhavake a/w. Ms. Meghna Tripathi and Ms. Drishti Madhani, for the Appellant.

_____________ CORAM : SANDEEP V. MARNE, J.

Dated : 5 February 2024.

P.C. :

1.

Heard learned counsel for the Appellant. The Second Appeal is admitted on following substantial questions of law : (i) Whether the suit filed by the Plaintiffs' can be said to be within limitation in absence of any specific evidence on record about acquisition of knowledge of filing of Regular Civil Suit No. 10 of 2009 by the mother and brother of Plaintiff No.2 ?

Neeta Sawant 2/2 10-SA-76-2024.docx Monday, 5 February 2024.

(ii) Whether the first Appellate Court ought to have decreed the suit after coming to the conclusion that the allotment made in favour of Defendant Nos.4 and 5 is illegal ?

2.

Printing dispensed with. Appellant to file private paper-book within a period of one year from today.

Digitally signed by NEETA SHAILESH SAWANT Date:

2024.02.06 10:59:10 +0530 SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT