Sopan Narsinga Gaikwad L.Rs. Madhukar Sopan Gaikwad And And Ano v. Gyanoba Bhimrao Shinde L.Rs. Digambar Gyanoba And ORS

Tauseef 51-SA.107.1988.odt IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY BENCH AT AURANGABAD BENCH AT AURANGABAD SECOND APPEAL NO.107 OF 1988 SECOND APPEAL NO.107 OF 1988 Sopan Narsinga Gaikwad & Ors.

Sopan Narsinga Gaikwad & Ors.

...Appellants ...Appellants

Versus

Versus

Gyanoba Bhimrao Shinde & Ors.

Gyanoba Bhimrao Shinde & Ors.

...Respondents

...Respondents

WITH WITH CIVIL APPLICATION NO.10334 OF 2024 CIVIL APPLICATION NO.10334 OF 2024 IN IN SECOND APPEAL NO.107 OF 1988 SECOND APPEAL NO.107 OF 1988 _____________________________________________________ Adv. Abhijeet Rane h/f. Adv. Arvind K. Tiwari for Appellants. Adv. Rajendra S. Deshmukh, Senior Counsel a/w. Adv. Ashwini S. Deshmukh and Adv. Shriram Deshumkh i/b. Adv. Devang R. Deshmukh for Respondent No.1/1.

_____________________________________________________ CORAM :

S. G. CHAPALGAONKAR, J.

DATED : 16th DECEMBER 2024.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

Apparently, while admitting this second appeal, the question of law is not framed. Learned Advocate appearing for Appellants puts into service following substantial questions of law:- (i) Whether the defence under Section 56 of Transfer of Property Act, 1882 would be available to the Plaintiff/Purchaser, in view of provisions of Maharashtra Cooperative Societies Act, 1960 ?

Tauseef 51-SA.107.1988.odt (ii) Whether Plaintiff fulfills requirement of Section 56 of Transfer of Property Act, 1882 to set up his defence regarding right to ask for marshalling ?

3.

Parties to advance their submissions on the aforesaid questions of law on next date of hearing. Place the matter for hearing and disposal on the aforesaid questions of law on 21st January 2025 at 2:30 p.m.

(S. G. CHAPALGAONKAR, J.)