Bombay High Court
Vimalbai Hemraj Desale And Ors vs Sitabai Bhikan Desale And Ors on 23 January, 2024
Author: Sharmila U. Deshmukh
Bench: Sharmila U. Deshmukh
10 Sa-34-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 34 OF 2016
Vimalbai Hemraj Desale
and Others. ...Appellants.
Versus
Sitabai Bhikan Desale and Others. ...Respondents.
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Mr. S. A. Sawant, Mr. Abhishek Deshmukh and Mr. Bhakti Wast for the
appellant.
Mr. Ajay Patil, Mr. A. A. Bhalekar for respondent nos.1 and 2.
Ms. Tanaya Goswami, AGP for respondent no. 8.
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Coram : Sharmila U. Deshmukh, J.
Date : January 23, 2024. P. C. : 1. Heard.
2. Admit on the following substantial questions of law :
[i] Whether the trial Court was justified in negating the issue as regards the maintainability of suit against the judgment passed under section 5 of the Mamelatdar's Courts Act in ignorance of the decision of this Court in the case of Rajendra Shendge v. Shobhatai Ravate [2007(3) Mh.L.J. 431] ?
Patil-SR 1 of 2
10 Sa-34-2016.doc
[ii] Whether the trial Court and the First Appellate
Court were justified in assuming the width of pathway is 8 feet 3 inches based on the Hyderabad Survey and Settlement Manual in the absence of evidence on record to substantiate the width of pathway which was subject matter of section 5 of the Mamalatdar's Court Act ?
3. Advocate Mr. Ajay Patil waives notice on behalf of the respondent nos 1 and 2. AGP Ms. Goswami wavies notice on behalf of the respondent-State (respondent no. 8).
4. Call for the record and proceedings. Printing is dispensed with. Private paper book to be filed within a period of four weeks.
5. Learned counsel for the parties are ad idem that as limited controversy is involved, second appeal may be taken up for final hearing at an early date. List the appeal on final hearing board of 22 nd February 2024.
[Sharmila U. Deshmukh, J.] Patil-SR 2 of 2 Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 23/01/2024 19:36:46