Dismissed

Gopal Ganapati Mali v. Smt. Ramabai Mahadev Todkar

Bombay HC28 Jan 2013SA/2/2012

Case brief

AI extract

What is this about?

This second appeal regarding a suit for recovery of possession was dismissed at the stage of admission. The High Court held that no substantial question of law arose as both lower courts relied upon a survey report admitted and testified to by the appellant. Accordingly, the matter was rejected without further investigation into alleged errors in the survey.

What did the court decide?

The second appeal is dismissed at the stage of admission. No order as to costs.

Gopal Ganapati Mali Vs Smt. Ramabai Mahadev Todkar — Property and Title | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 2 OF 2012

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Gopal Ganapati Mali .. Appellant

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V/s.

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Smt. Ramabai Mahadev Todkar & Anr. .. Respondents

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Mr. Ashutosh Gole for the appellant Mr. R.M. Momin for respondent no.1

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CORAM : R.Y.GANOO, J. DATED : 28^th JANUARY, 2013

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P.C. :

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Heard learned advocates on both sides.

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The appellant filed a suit for recovery of possession against the respondents. Said Civil Suit No.367 of 2000 was dismissed by judgment and decree dated 31^st March, 2006. Being aggrieved

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by the said Judgment and decree dated 31^st March, 2006, the appellant filed Civil Appeal No.111 of 2006 in the District Court, which as also dismissed. Hence, this Second Appeal.

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U.S.Jagtap

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It was argued before this Court that the prayer for appointment of a surveyor was granted in the trial Court itself during the pendency of the said Suit and TILR was appointed to have the survey done. Said TILR conducted the survey and filed his report. The said report is relied upon by both the Courts to arrive at the finding against the present appellant.

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It was submitted by learned advocate Mr. Gole that the said TILR had committed mistakes in conducting the survey and, therefore, the appellant had suffered at the hand of the TILR. It is required to be mentioned that the appellant relied upon on the said report. He examined the said TILR and in a way wanted the Court to believe the case of the appellant and have order in his favour. That has not happened on account of observations of the trial Court with reference to the survey report. If the appellant was not satisfied with the job TILR during the pendency of the trial, it was open for him to apply for fresh survey at the hands of superior officer. The appellant did not do so and himself relied upon the said survey report,

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U.S.Jagtap

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which has gone against him on the basis of observations of the TILR.

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Both the Courts have relied upon the said report and have recorded a finding against the present appellant. If this be so, there is no question of entertaining this Second Appeal as no substantial question of law is involved.

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The second appeal is dismissed at the stage of admission.

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There shall be no order as to costs.

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[R.Y.GANOO, J.]

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U.S.Jagtap

Gopal Ganapati Mali v. Smt. Ramabai Mahadev Todkar

Case brief

What is this about?

What did the court decide?

Gopal Ganapati Mali v. Smt. Ramabai Mahadev Todkar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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