Vilas Ajabrao Tabhane v. Smt. Panchfula Wd/O Ganpatrao Kale And Others

024:BHC-NAG:1 1/2 23.cas.76.2024 in sa.80.2007.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 76 OF 2024 IN SECOND APPEAL NO. 80 OF 2007 (Dr. Vilas Ajabrao Tabhane V/s Smt. Panchafula Baliram Kale & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Z. Z. Haq, Advocate for Applicant/Appellant. Mr. S. P. Bhandarkar, Advocate for Respondents. ----------

CORAM

: ANIL L. PANSARE, J.

DATE : JANUARY 30, 2024.

CIVIL APPLICATION (CAS) NO. 76 OF 2024 .

Heard.

2.

By the present Application, the Applicant/Appellant seeks to frame additional substantial question of law. 3.

Having heard both the sides, it appears that the proposed substantial question of law has been formulated by the Appellant in the Appeal Memo.

4.

Considering the Judgment and reliefs granted, to my mind, this question of law will have to be added and accordingly the additional question of law is formulated, which reads thus :

2/2 23.cas.76.2024 in sa.80.2007.odt "Whether the decree for possession could have been granted in favour of the Respondent No.1/original Plaintiff without there being prayer for declaration about the title of the Respondent No.1/original Plaintiff and without challenge to the sale deed in favour of the Appellant/original Defendant No.2."

5.

Civil Application stands disposed of accordingly. SECOND APPEAL NO. 80 OF 2007 .

The learned Counsel for Appellant seeks time on the ground that the Appellant intends to engage the Senior Advocate. Time granted as a last chance.

2.

Stand over to 12th February, 2024.

(ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 30/01/2024 17:33:41