Prabhudas Tulsiram Deshmukh v. Shishupal W/O Patiram Tarjule And Others

915 sa175.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.175 OF 2025 Prabhdas Tulsiram Deshmukh (deceased) through LRs & Ors Vs. Shishupal W/o Patiram Tarjule & Ors __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri U.K. Bisen, Advocate for appellants.

CORAM : M.W. CHANDWANI, J.

DATE : 09.07.2025.

1.

Heard.

2.

Issue notice to the respondents on the following substantial question of law, returnable on 06.08.2025: "Whether the first appellate Court committed grave error in allowing the application under Order VI Rule of CPC for amendment thereby respondent/original plaintiff sought the relief of declaration of ownership beyond the period of limitation i.e. after 13 years by ignoring the provisions of Limitation Act."

3.

Till next date of hearing, the trial Court shall not proceed in the matter however the appellant may file written statement to the amended pleas.

JUDGE Wagh