Shri Sachin S/O Vijayrao Sumbhate v. Smt. Seema Wd/O Manikrao Vaidya

sa94.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL No.94 OF 2024 (Shri Sachin s/o. Vijayrao Sumbhate Vs. Smt. Seema wd/o. Manikrao Vaidya) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. K.R. Dhole, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 28 th AUGUST, 2024.

1.

Issue notice to the respondent on following substantial question of law.

a) Was the first Appellate Court legal and correct in holding that suit was barred by limitation ?

b) Was the first Appellate Court legal and correct while holding that respondent/ original defendant proved that appellant cancelled the contract of sale by accepting amount of Rs.1,80,000/- from him ?

CIVIL APPLICATION (CAS) No.296/2024.

1.

This is an application for grant of temporary injunction under Order 29 Rules 1 and 2 of the Code of Civil Procedure.

2.

Perused the application.

3.

Heard learned Advocate of the appellant.

4.

Considering peculiar set of facts the respondent is restrained from creating third party interest in the Plot Nos.226,227,240 and 241, situated at mauza

sa94.24.odt 2/2 Velahari, Tahsil and District Nagpur.

5.

Issue show cause notice to the respondent, as to why temporary injunction granted above shall not be confirmed.

6.

Stand over after two weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 29/08/2024 15:30:27