Bombay High Court
Durgabai W/O Bhimrao Dhore (Dead) And ... vs Bhimrao Trimbak Dhore (Dead) And Others on 17 December, 2019
Author: Vinay Joshi
Bench: V. G. Joshi
1 SA475.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
SECOND APPEAL NO. 475 OF 2019
Durgabai w/o Bhimrao Dhore (dead) thr LR's - 2. Prakash s/o Bhimrao Dhore and ors.
..vs..
Bhimrao Trimbak Dhore (dead) thr. LR's
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
----------------------------------------------------------------------------------------------
Shri V.R. Deshpande, Adv. for appellants.
CORAM : VINAY JOSHI, J.
DATED : 17th DECEMBER, 2019 Heard.
Issue notice on following substantial questions of law, returnable on 14.01.2020 :
"(i) Whether the First Appellate Court erred in dismissing the suit for want of resorting remedy under Section 169 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 which pertains to challenge to the levy and assessment of the taxes?
(ii) Whether the First Appellate Court is justified in reversing the decree without considering the factual aspect regarding plaintiffs' entitlement for a decree to challenge auction sale?
(iii) Whether the sharer of the joint family property have a right to challenge the auction conducted for levy of arrears of tax?"::: Uploaded on - 18/12/2019 ::: Downloaded on - 19/12/2019 02:15:06 :::
2 SA475.19 CIVIL APPLICATION (CAS) NO. 938 OF 2018 Heard.
The appellants/original plaintiffs are seeking stay to the execution of impugned judgment and decree passed in Regular Civil Appeal on 11.04.2019.
In fact it is appellants' contentions that he is in possession of the house property on which the property is auctioned. In view of that, the parties to maintain status- quo regarding possession till the further orders.
Issue notice, returnable on 14.01.2020.
JUDGE Trupti ::: Uploaded on - 18/12/2019 ::: Downloaded on - 19/12/2019 02:15:06 :::