Bombay High Court
Alka Shrirang Chavan And Ors vs Hemchandra Rajaram Bhonsale And Ors on 2 May, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 13 SA 396-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 396 OF 2022
WITH
INTERIM APPLICATION NO. 2936 OF 2022
Alka Shrirang Chavan & Ors. .. Appellants
Versus
Hemchandra Rajaram Bhonsale & .. Respondents
Ors.
...
Mr.Nikhil Sakhardande, Senior Advocate with Mr.Siddhesh
Bhale, Mr.Nikhil Ghate, Ms.Kshitija Bhosale i/b SSB Legal &
Advisory for the Appellants.
Mr.Samrat Bhonsale i/b Mr.Hemchandra R. Bhonsale-
Respondent-in-person present.
CORAM: BHARATI DANGRE, J.
DATED : 2nd MAY 2022 P.C:-
1. Issue notice to the respondents, making it returnable on 21/06/2022.
2. Heard the learned senior counsel for the appellants, who has raised the following substantial questions of law :-
"1. Whether in the facts and circumstances of the case, the decree for Specifc Performance passed in Regular Civil Suit No.910 of 1986 is executable, when M.M.Salgaonkar ::: Uploaded on - 04/05/2022 ::: Downloaded on - 04/05/2022 22:30:10 ::: 2/2 13 SA 396-22.doc the Decree Holder has not acquired title to the suit land by the Sale Deed dated 25/03/1993 executed by the Court Commissioner?
2. Whether the learned Courts below erred in law in not deciding the vital issue as to whether the Decree Holder is entitled to recover possession of the suit land in execution of decree for specifc performance?".
The parties shall address the Court upon the aforesaid question.
3. Since the above questions are raised in the present appeal which deserve consideration and it is informed that the possession warrant is already issued in the execution proceedings, the Executing Court shall not proceed further till the next date of hearing.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 04/05/2022 ::: Downloaded on - 04/05/2022 22:30:10 :::