Chotelal Bhullanram Jaiswar v. Kamlaprasad Bhullanram Jaiswar And ORS

907-SA-340-2024+.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.340 OF 2024 Chotelal Bhullanram Jaiswar ...Appellant

Versus

Kamlaprasad Bhullanram Jaiswar & Anr.

...Respondents

WITH INTERIM APPLICATION NO.8901 OF 2024 IN SECOND APPEAL NO.340 OF 2024 Chotelal Bhullanram Jaiswar ...Applicant

Versus

Kamlaprasad Bhullanram Jaiswar & Ors.

...Respondents

Mr. Tarun Kumar Sinha, for the Appellant.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

25th JULY 2025 P. C.:

SECOND APPEAL NO.340 OF 2024:

1.

Heard Mr. Tarun Sinha, learned Counsel appearing for the Appellant.

2.

The Second Appeal is admitted on the following substantial questions of law:

Digitally signed by SONALI MILIND PATIL Date:

2025.07.25 14:35:24 +0530 SONALI MILIND PATIL Sonali

907-SA-340-2024+.DOC (a) Whether the findings recorded by the learned Courts that the Plaintiff is exclusive owner of the suit property is in accordance with the evidence on record?

(b) Whether the suit property has been purchased in the name of the Plaintiff for the benefit of the Plaintiff and the Defendants who are real brothers?

INTERIM APPLICATION NO.8901 OF 2024:

1.

As the Second Appeal is admitted, issue notice to the Respondents, returnable on 22nd August 2025.

2.

In addition to the Court notice, the Appellant to serve the Respondents by private service and file affidavit of service before the returnable date.

3.

Till next date, ad-interim relief in terms of prayer clauses (a) and (b), on the condition that the Appellants shall not create any third party interest with respect to the suit property. [MADHAV J. JAMDAR, J.] Sonali