Bombay High Court
Machindra Bhimrao Ghodke vs Vishwambhar Bhimrao Ghodke Died ... on 24 July, 2025
1 939.SA.250-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
SECOND APPEAL NO. 250 OF 2025
MACHINDRA BHIMRAO GHODKE
VERSUS
VISHWAMBHAR BHIMRAO GHODKE DIED
THROUGH LRS BALIRAM VISHWAMBHAR GHODKE AND ORS
...
Advocate for Appellant : Mr. Avinash Irpatgire
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 24th JULY 2025 PER COURT :
1. Heard learned Counsel for the Appellant. After hearing him for sometime, he seeks time for more preparation in the matter.
2. Appellant is challenging concurrent findings of facts. His suit for declaration and possession, challenging compromise decree passed in RCS No.230/1994, was dismissed by both the Courts below. RCS No.279/1995 was filed by Respondent No.1- Vishwambhar in which earlier compromise decree was also under challenge. The Appellant was a party to that suit and considering his pleadings and other material on record, it was decreed on 30.09.2002. Nobody challenged the decree of the trial Court.
3. Having suffered decrees in RCS No.230/1994 and thereafter RCS No.279/1995, Appellant has endeavoured to prefer RCS No.152/2016 which is present suit. Learned Counsel has pressed 2 939.SA.250-2025.doc into service submissions that the relinquishment is bad in law. Because there was no permission under Section 50B of Hyderabad Tenancy Agricultural Lands Act. It is further submitted that the compromise between the parties was hit by Section 23 of the Contract Act. It is further contended that the land cannot be transferred by way of compromise decree of the Court.
4. List this matter on 07.08.2025 in the same category.
SHAILESH P. BRAHME JUDGE NAJEEB..