Dr. Avinash Prakashchandra Banait And Others v. Jyoti W/O Moreshwar Kelkar And Others

61-SA-207-2021.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 207 OF 2021 WITH CIVIL APPLICATION NO. 638 OF 2021 WITH CIVIL APPLICATION NO. 1207 OF 2025 WITH CIVIL APPLICATION NO. 170 OF 2024 WITH CIVIL APPLICATION (ST) NO. 501 OF 2026 IN SECOND APPEAL NO. 207 OF 2021 AVINASH PRAKASHCHANDRA BANAIT AND OTHERS Vs.

JYOTI W/O MORESHWAR KELKAR 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. R. S. Sundaram a/w Usha R. Tanna a/w Ramaswamy Sundaram, Advocate for the Appellant.

Mr. V. V. Bangade a/w R. M. Kinkhede a/w S. A. Misal, Advocate for Respondent Nos. 1, 2, 4.

CORAM : ROHIT W. JOSHI, J.

DATE : 12 th JANUARY, 2026.

1.

On a further hearing of the appeal following additional substantial questions of law are framed: (i) Whether the learned first appellate Court had erred in law for not taking into consideration in the admissions of plaintiff No.2 with respect to the suit property bearing Khasra No.22 being property of private family Trust named "Shri. Deo

61-SA-207-2021.odt 2/2 Balkrishna Deoghar Deosthan"?

(ii) Whether the plaintiffs had constructive knowledge of the impugned sale deeds and consequently was the suit filed within limitation?

2.

Stand over to 20th January 2026.

(ROHIT W. JOSHI, J.) MJ Jadhav