Dismissed

Sarjerao Marutrao Bobade v. Vitthal Sawala Kakade and Anr.

Bombay HC9 Jul 2007SA/172/2007

Case brief

AI extract

What is this about?

This second appeal challenged the finding that Exh. 49 was a mortgage rather than a sale, contingent on the appellant repaying Rs. 600. The High Court dismissed the appeal, holding that the lower courts' findings were well-reasoned and no substantial question of law arose.

What did the court decide?

The appeal was dismissed, upholding the finding that Exh. 49 was a mortgage.

Sarjerao Marutrao Bobade Vs Vitthal Sawala Kakade and Anr. — Property and Title | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 SECOND APPEAL NO. 172 OF 2007

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 Shri Sarjerao Marutrao Bobade. ..Appellant.
 V/s.

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 Shri Vithal S. Kakade & Anr. ..Respondents.
 Mr.R.G.Jagtap for appellant.

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 CORAM: A.M.KHANWILKAR,J

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 DATE : JULY 9, 2007.
P.C. :

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 1. Heard counsel for the appellant.

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 2. The argument canvassed before this Court is

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 that although the appeal is directed against the
 concurrent finding of fact, the Courts below have
 completely misconstrued the document at Exh. 49 in
 question. It is submitted that question o
 interpretation of document will arise.

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 3. I am not impressed by the argument canvassed
 on behalf of the appellant having regard to the well
 reasoned judgments of both the Courts below. Both
 the Courts below have considered all the relevant
 aspects of the matter including the efficacy of
 documents. It is found in clear terms that the

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 appellant was to execute document in the name of

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 respondent No.1 after repayment of the amount of
 Rs.600/- to him. On this finding, nothing more is
 required to be considered as it would be obviously a
 case of mortgage and not a sale. No substantial
 question of law arises for consideration. Hence

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 dismissed.

Sarjerao Marutrao Bobade v. Vitthal Sawala Kakade and Anr.

Case brief

What is this about?

What did the court decide?

Sarjerao Marutrao Bobade v. Vitthal Sawala Kakade and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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