An appellate court set aside impugned orders and remanded a suit regarding property possession and sale agreements back to the trial court to record findings on specific issues.
The case is remanded to the trial Court to record findings on specific issues regarding possession, agreement to sell, and alienation by a Karta.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 192 OF 2001
Murlidhar s/o Kishan Gundawar Appellant V E R S U S Baliram s/o Gangaram Talne and Respondent others
Shri. M.V. Deshpande, Advocate for the appellant Shri. A.G. Dalal, Advocate holding for Mr. V.D. Salunke, Advocate for respondents No. 5A to 5D, 5F, 6A to 6D
CORAM : A.V. NIRGUDE, J. DATED : 12th July, 2010
ORAL ORDER
By consent of the parties, following order is passed :
(1) Whether the plaintiff proves that he was put in possession of suit land to the extent of 1 Acre 28 Gunthas on the date of agreement dated 27th February, 1974 ?
(2) Whether the plaintiff proves that the defendant No.5 agreed to sell his share of 18 Gunthas land to him on 25th January, 1975 ? If the answer to this issue is in the affirmative,
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whether the plaintiff is entitled to specific performance of the said agreement ?
(3) Whether the defendant No.5 and/or defendant No.6 prove that on 18th November, 1977, the defendants No. 1 to 5 were members of joint family and the defendant No.5 was Karta of the family ?
(4) Whether the defendant No.5 and/or defendant No.6 prove that the defendant No.5 was entitled to alienate the suit property on 18th November, 1977 ?
(5) Whether the defendant No.5 and/or defendant No.6 prove that the defendant No.5 sold entire suit property for legal necessity to defendant No.6 ?
In view of disposal of Second Appeal No. 192 of 2001 in above terms, Civil Application No. 3655 of 2001 does not survive.
(A.V. NIRGUDE, J.)
srm/sa/192/01
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3 issues framed by the court
Whether the plaintiff proves that he was put in possession of suit land to the extent of 1 Acre 28 Gunthas on the date of agreement dated 27th February, 1974?
Whether the plaintiff proves that the defendant No.5 agreed to sell his share of 18 Gunthas land to him on 25th January, 1975 and if so, is entitled to specific performance?
Whether the defendant No.5 and/or defendant No.6 prove that the defendant No.5 was entitled to alienate the suit property on 18th November, 1977?
Murlidhar s/o Kishan Gundawar
Baliram s/o Gangaram Talne
A.V. NIRGUDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
