Disposed

Sou. Kasturi Tukaram Patil v. Smt. Lalita Arun Patil and Ors.

Bombay HC24 Apr 2024SA/104/2024

Case brief

AI extract

What is this about?

Second appeal concerning possession of 1.5R land under a sale deed and rectification deed admitted on two formulated questions of law. Notice to respondents, record called for, private paper-book to be filed within a year. In interim application, rule on interim relief made returnable.

What did the court decide?

Appeal admitted on questions of law; notice issued; rule on interim relief in prayer clause (b) made returnable.

Sou. Kasturi Tukaram Patil vs Smt. Lalita Arun Patil and… — Property and Title | Bombay HC (2024)

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58.104.24 sa.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 104 OF 2024 WITH INTERIM APPLICATION NO. 7053 OF 2024 IN

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SECOND APPEAL NO. 104 OF 2024

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Sou. Kasturi Tukaram Patil

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.....Appellant

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Vs.

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Smt. Lalita Arun Patil and Ors

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.....Respondents

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Mr. Manoj Patil i/b Mr. Ashish Pawar Advocate for the Appellant

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CORAM : GAURI GODSE, J. DATE : 21^st OCTOBER 2024

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ORDER:

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Heard learned counsel for the appellant. Second appeal is admitted on the following questions of law formulated in grounds nos. (i) and (n) of the appeal memo:

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“i. Whether both the Courts erred by not appreciating that

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IRESH MASHAL

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Digitally signed by IRESH MASHAL Date: 2024.10.23 12:54:36 +0530

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the Rectification Deed dated 25/9/2001 relates to the Sale Deed dated 28/5/1999 did not show that the possession of 1.5R land has given on the western side?

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n. Whether both the Courts overlooked the admission of

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the Defendant’s Witness namely Nilavva Dangare who in

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1/2

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58.104.24 sa.docx

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cross examination admitted that they did not know the

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witnesses who attested the document and also admitted

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that they had not seen witnesses and scribe of sale deed

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at Exhibit 72 and rectification deed at Exhibit 73?”

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Call for record and proceedings. Printing is dispensed with.

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In addition to Court notice, learned advocate for the appellant shall serve the respondents by private notice and file affidavit of service.

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Learned advocate for the appellant shall file private paper-book within a period of one year.

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INTERIM APPLICATION NO. 7053 OF 2024:

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Rule on interim relief in terms of prayer clause (b) is made returnable on 10^th February 2025.

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In addition to Court notice, learned advocate for the applicant

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shall serve the respondents by private notice and file affidavit of service before the next date.

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[GAURI GODSE, J.]

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Sou. Kasturi Tukaram Patil v. Smt. Lalita Arun Patil and Ors.

Case brief

What is this about?

What did the court decide?

Sou. Kasturi Tukaram Patil v. Smt. Lalita Arun Patil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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