Smt. Basanti W/O Amrutlal Shahu v. Smt. Saraswatibai Wd/O Lalji Shahu And Others

sa181.18.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) No.95 OF 2024 IN SECOND APPEAL No.181 OF 2018 (Smt. Basanti w/o. Amrutlal Shahu Vs. Smt. Saraswatibai wd/o. Lalji Shahu and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P.V. Vaidya, Advocate for appellant.

Mr. Yash Kullarwar h/f. Mr. M. Anilkumar, Advocate for respondent Nos.1 to 3.

Mr. Shadam Khan h/f. Mr. Masood Shareef, Advocate for respondent No.5.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

1.

This is an application for framing additional substantial question of law.

2.

This Court while issuing notice framed following substantial question of law.

Whether the appreciation of evidence by the Appellate Court while modifying decree passed by the trial Court is perverse ?

3.

Learned Advocate for the appellant submits that the first Appellate Court has came in close quarters with the reasons given by the trial Court, in view of judgment of Somakka Vs. K.P. Basavraj, 2022 DGLS (SC) 667.

4.

Heard both sides.

sa181.18.odt 2/2 5.

Considering peculiar set of facts it would be proper to frame second additional substantial question of law as prayed by the appellant. Accordingly, following substantial question of law is framed.

"Whether the Appellate Court while modifying the judgment passed by the trial Court granting decree in favour of the original plaintiffs, came in close quarters with the reason given by the trial Court, specifically while differing with the findings given by the trial Court ?"

SECON D APPEAL No.181 OF 2018 .

1.

Hearing on second substantial question of law is also over on the part of both sides is also over. 2.

Appeal is reserved for judgment.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 25/07/2024 12:42:54