Popat Vishnu Sabale v. Narayan Shankarrao Game (Patil) And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 246 OF 2019 ALONGWITH CIVIL APPLICATION NO. 1397 OF 2018 Ramchandra Vishnu Sable And Others ...Appellants vs.

Narayan Shankarrao Game Patil And Others

...Respondents

***** Mr. Macchindra A Patil a/w. Mr.

Vijay R. Garad Advocate for Appellants.

Mr. S. G. Deshmukh a/w. Mr.

Rajaram V. Bansode and Ms.

Sheetal M. Ubale :- Advocate for Respondent No. 1.

Mr. Kalpesh Patil :- Advocate for Respondent No. 3.

***** WITH SECOND APPEAL NO. 249 OF 2024 ALONGWITH CIVIL APPLICATION NO. 8038 OF 2024 Popat Vishnu Sabale ...Appellants vs.

Narayan Shankarrao Game Patil And Others

...Respondents

1/3

***** Mr. Kalpesh Patil :- Advocate for Appellant.

Mr. S. G. Deshmukh a/w. Mr.

Rajaram V. Bansode and Ms.

Sheetal M. Ubale :- Advocate for Respondent No. 1.

Mr. Macchindra A Patil a/w. Mr.

Vijay R. Garad Advocate for Respondent Nos. 3 and 4.

***** CORAM : S. M. MODAK, J.

DATE : 2nd AUGUST 2024 P. C. :- 1.

Heard learned Advocate Mr. Deshmukh for Respondent No. 1. He invited my attention to the following :- (i) The trial Court and Appellate Court finding in respect of issue No.6. It is at page No. 59 and page No. 79 paragraph No. 64 of the trial Court judgment and paragraph No. 16 of the Appellate Court judgment.

(ii) There is no reference in the sale-deed with Defendant No. 4 about the Isar Pavati or sale-deed was executed at the instance of the Plaintiff.

(iii) He invited my attention to the sale-deed filed by Defendant No.4.

2/3

2.

By way of reply learned Advocate Mr. Machhindra Patil submitted that they have not filed the suit for specific performance. Whereas learned Advocate Mr. Kalpesh Patil submitted that whatever evidence is adduced by the Plaintiff about separate residence from Defendant No. 4, there is no evidence about their residence. 3.

Further he submitted consideration of the sale-deed is only ₹1,80,000/- (Rupees One Lakh Eighty Thousand only). 4.

Whereas according to Mr. Deshmukh this less consideration is in his favour.

5.

The matter is closed for orders.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.08.09 18:52:37 +0530 KISHOR VISHNU KAMBLE 3/3