Second Appeal against remand order of District Judge, Sangli, remanding a decree application back to trial court in light of supremacy decision in Prakash v. Phulwati. Court grants time to verify pending proceedings.
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939-SA-289-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.289 OF 2018
Smt. Akashani Jaypal Chaugule and Ors. … Appellants Vs Shri Neminath T. Roje and Ors. ... Respondents
Mr. Sarwadnya S. Kadtane I/by Mr. Kuldeep U. Nikam for the Appellants.
CORAM : SANDEEP K. SHINDE J. DATE : 11 JANUARY, 2019
P.C. :
Plaintiffs have filed this appeal against the judgment and
order dated 5 th April, 2017 passed by the Adhoc District Judge2, Sangli. The First Appeal was preferred by Defendant Nos.3 to 5 against the judgment and decree dated 26 th April, 2011 passed by the Second Joint Civil Judge Junior Division, Miraj in Final Decree Application No.09 of 2008. The learned District Judge, Sangli remanded the Final Decree Application No.09 of 2008 to the trial Court to decide it, afresh
in the light of the judgment passed in Prakash and Others v.
Phulwati and Others1 .
1 2016(1)Mh.L.J.
Shivgan 1/2
939-SA-289-2018.odt
. Aggrieved by the order of remand, Plaintiffs have preferred
this appeal.
2 Time is sought by the Appellants to verify stage of pending
remand proceedings. Time is granted.
Stand over to 1 st February, 2019.
(SANDEEP K. SHINDE, J.)
Shivgan 2/2
Smt. Akashani Jaypal Chaugule and Ors.
Shri Neminath T. Roje and Ors.
Sandeep K. Shinde
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
