Bombay High Court
Shri.Umesh Pratprao Shiroli vs Mrs. Sarala Shahajirao Sonawane And ... on 25 February, 2020
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 05 SA-817.19 (904(ii)).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.817 OF 2019
ALONG WITH
CIVIL APPLICATION NO.1646 OF 2019
Umesh Prataprao Shirole .. Appellant
Vs.
Sarala Shahajirao Sonawane
& Ors. .. Respondents
...
Mr. Mandar Limaye for the Appellants.
...
CORAM: SMT. BHARATI DANGRE, J.
DATED : 25th FEBRUARY, 2020.
P.C:-
1. Issue notice to the Respondents on the following substantial questions of law.
"E.Whether the Lower Appellate Court failed to consider the effect of a registered Gift Deed executed during pendency of the Appeal by AJN ::: Uploaded on - 26/02/2020 ::: Downloaded on - 28/02/2020 00:06:30 ::: 2/2 05 SA-817.19 (904(ii)).odt Defendant No.4 and Plaintiff No.2 in favour of Defendant No.3?
F. Whether the Lower Appellate Court erred in holding that the Gift Deed executed by Defendant No.4 and Plaintiff No.2 in favour of Defendant No.3 was to procure interest of Defendant No.3 though the same was not the subject matter of challenge?
G. Whether the Lower Appellate Court erred in holding that the suit was liable to be decreed, though the Plaintiffs had not sought certain reliefs and the suit was hit by the Proviso to Section 34 of the Specific Relief Act?"
2. The notice is made returnable after three weeks. Hamdast granted.
[SMT. BHARATI DANGRE, J.] AJN ::: Uploaded on - 26/02/2020 ::: Downloaded on - 28/02/2020 00:06:30 :::