Remanded

1) Shri. Devaji Sitara Kurade v. 1) Smt. Mangliben Holia Kakuwa and Ors.

Bombay HC2 Feb 2024SA/875/2016

Case brief

AI extract

What is this about?

The High Court in Second Appeal No.875 of 2016 followed the settled Apex Court decision in Ravindra Kaur Grewal. It quashed the impugned order dismissing the appeal based on a prior precedent and restored Civil Appeal No.1/2014 to the District Court for fresh decision within six months.

What did the court decide?

Impugned order quashed; Civil Appeal No.1/2014 restored to the District Court to be decided afresh within six months.

1) Shri. Devaji Sitara Kurade Vs 1) Smt… — Civil Procedure and Limitation | Bombay HC (2024)

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rsk 10-SA-875-16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO.875 OF 2016 WITH

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INTERIM APPLICATION NO.388 OF 2019

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Devaji Sitara Kurade ...Appellant V/s.

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Mangliben Holia Kakuwa and Ors. ...Respondents

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Mr. Mandar Soman for the Appellant. Ms. Naina Boraste i/b Mr. G. R. Agrawal for Respondent Nos.1 and 4.

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CORAM : SHARMILA U. DESHMUKH, J.

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DATE : 2^nd FEBRUARY, 2024.

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P. C.:-

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Mr. Soman, learned counsel for the Appellant and Ms. Boraste, learned counsel for Respondent Nos.1 and 4 on instructions submit that in view of the decision of the Apex Court in the case of Ravindra Kaur Grewal

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and Ors. vs. Manjit Kaur and Ors. 2019 Vol 8 SCC 729 the matter may be remanded to the Appellate Court.

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The legal position is now settled by the Apex Court in the decision in Ravindra Kaur Grewal vs. Manjit Kaur (supra) . The Appellate Court vide impugned judgment has dismissed the Appeal by answering the issue as regards the maintainability of the claim on the basis of decision in

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rsk 10-SA-875-16.doc

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the case of Gurudwara Sahib vs. Gram Panchayat Village Sirthala, (2014) 1 SCC 669 . As the legal position is now settled by the decision in the case of Ravindra Kaur Grewal and Ors. vs. Manjit Kaur (supra), the impugned order is quashed and set aside and the Civil Appeal No.1/2014 is restored to file to be decided afresh. As Appeal is of the year 2014, the District Court is required to decide the same expeditiously and in any event within a period of 6 months from today.

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Learned counsel for the parties agrees to co-operate in the hearing of the Appeal and would not seek unnecessary adjournments. It is made clear that this Court has not gone into merits of the matter and rights and contentions of both the parties are expressly kept open.

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Second Appeal stand disposed of in above terms. Interim

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Application does not survive for consideration and stands disposed.

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1) Shri. Devaji Sitara Kurade v. 1) Smt. Mangliben Holia Kakuwa and Ors.

Case brief

What is this about?

What did the court decide?

1) Shri. Devaji Sitara Kurade v. 1) Smt. Mangliben Holia Kakuwa and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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