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Bombay High CourtIA/9437/2024transfer to other court

Balasaheb Laxman Mane v. Dattatraya Dadasaheb Desai And Others

2024-12-04Hon'Ble Ms. Justice Gauri Godse2 pages

by VARSHA VIJAY RAJGURU Date:

2024.12.05 20:23:08 +0530 VARSHA VIJAY RAJGURU 62-sa-29-2022-ia-937-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 29 OF 2022 WITH INTERIM APPLICATION NO. 9437 OF 2024 IN SECOND APPEAL NO. 29 OF 2022 Balasaheb Laxman Mane ... Appellant/Applicant vs.

Dattatraya Dadasaheb Desai and Ors ... Respondents Mr. Satya M. Shettigar, for Appellant/Applicant. CORAM : GAURI GODSE, J.

DATED : 4th DECEMBER 2024 ORDER:

SECOND APPEAL NO. 29 OF 2022 1.

Heard learned counsel for the appellant. The second appeal is admitted on the following substantial questions of law: I) Since the suit proceeded against the defendants without a written statement, whether the findings recorded by the trial court by examining the oral and documentary evidence produced by the plaintiff would be sustainable in the absence of any specific issues framed?

II) Whether the reasons recorded by the trial court disbelieving plaintiff's contentions would be sustainable in the absence of any rebuttable pleadings and evidence by the Page no. 1 of 2

62-sa-29-2022-ia-937-2024.doc defendants?

III) Whether the first appellate court erred in not considering that in the absence of any rebuttable pleadings and evidence, the pleadings and evidence of the plaintiff could have been accepted?

2.

In addition to Court notice, learned advocate for the appellant to serve the respondents, by private notice and file affidavit of service.

3.

Call for records and proceedings.

4.

Printing is dispensed with.

5.

Learned advocate for the appellant shall file private paperbook within a period of one year from today. INTERIM APPLICATION NO. 9437 OF 2024 6.

Rule on interim relief in terms of prayer clause (b) is made returnable on 26th February 2025.

7.

In addition to Court notice, learned advocate for the applicant to serve the respondents, by private notice and file affidavit of service before the next date.

8.

Ad-interim relief already granted to continue till the next date. (GAURI GODSE, J.) Page no. 2 of 2