Vishram Vijayrao Lomate vs Dadaso Ramesh Kokate — Bombay HC (2025) — LawSathi Research

Vishram Vijayrao Lomate vs Dadaso Ramesh Kokate — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Second appeal admitted on four substantial questions of law; in Interim Application No. 320 of 2025, rule issued on prayer clause (b) returnable on 26th March 2025 and ad-interim stay granted in terms of prayer clause (b) till the next date, subject to the appellant not creating any third party rights in respect of the suit property or parting with possession in favour of any third party.

Issue for consideration

Whether the findings recorded by both the Courts on the suit agreement being enforceable against defendant no. 2 would be sustainable in the absence of any evidence to indicate that defendant no. 2 was aware about the unregistered agreement dated 12th March 2013 in favour of the plaintiff. +3 more

Ratio / Principle

The second appeal is admitted on four substantial questions of law: (I) sustainability of the findings of both Courts on the suit agreement being enforceable against defendant no. 2 absent evidence of defendant no. 2's awareness of the unregistered agreement dated 12th March 2013 in favour of the plaintiff; (II) whether, for deciding due diligence of defendant no. 2, the registered agreement in favour of the plaintiff pertaining to Gat No. 187 (and not the suit property, Gat No. 189) should have been appreciated by both Courts; (III) whether findings on defendant no. 2's title under the agreement at Exhibit 70 were necessary, or whether defendant no. 2 was entitled to protection under Section 53-A of The Transfer of Property Act, 1882; and (IV) whether the findings on defendant no. 2's right and his being a bonafide purchaser without notice for value amount to incorrect appreciation of evidence.

Key takeaways

Rule on interim relief in terms of prayer clause (b) of Interim Application No. 320 of 2025 is made returnable on 26th March 2025.ratio¶37
Till the next date, there will be ad-interim stay in terms of prayer clause (b), subject to the appellant not creating any third party rights in respect of the suit property or parting with possession in favour of any third party.ratio¶40
Learned advocate for the appellant shall file a private paper-book within a period of one year.ratio

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), order dated 15 January 2025 in Second Appeal No. 16 of 2025 with Interim Application No. 320 of 2025 (Vishram Vijayrao Lomate v. Dadaso Ramesh Kokate and ors): second appeal ADMITTED on four substantial questions of law — (I) whether the concurrent findings of both Courts below that the suit agreement was enforceable against defendant no. 2 are sustainable absent evidence that defendant no. 2 was aware of the unregistered agreement dated 12th March 2013 in favour of the plaintiff; (II) whether, on the issue of defendant no. 2's due diligence, the registered agreement in favour of the plaintiff pertaining to Gat No. 187 (and not the suit property, Gat No. 189) should have been appreciated by both Courts; (III) whether it was necessary to record findings on defendant no. 2's title under the agreement at Exhibit 70, or whether defendant no. 2 was entitled to protection under Section 53-A of The Transfer of Property Act, 1882; and (IV) whether the findings on defendant no. 2's right and his being a bonafide purchaser without notice for value amount to incorrect appreciation of evidence. On the interim application, rule on prayer clause (b) made returnable on 26th March 2025; ad-interim stay granted till then, conditional on the appellant creating no third party rights in, or parting with possession of, the suit property. Respondents to be served by private notice with affidavit of service; record and proceedings called for; printing dispensed with; private paper-book to be filed within one year.

907.16.25 sa.docx

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 16 OF 2025 WITH INTERIM APPLICATION NO. 320 OF 2025 IN SECOND APPEAL NO. 16 OF 2025

Vishram Vijayrao Lomate

.....Appellant

Vs.

Dadaso Ramesh Kokate and ors

.....Respondents

Mr. Kuldeep Nikam for the appellant

CORAM : GAURI GODSE, J.

DATE : 15^th JANUARY 2025

IRESH MASHAL

ORDER:

Digitally signed by IRESH MASHAL Date: 2025.01.21 14:54:30 +0530

1. Heard learned counsel for the appellant. The second appeal is

admitted on the following substantial questions of law:

I. Whether the findings recorded by both the Courts on the suit

agreement being enforceable against defendant no. 2 would be sustainable in the absence of any evidence to indicate that defendant

no. 2 was aware about the unregistered agreement dated 12^th March

2013 in favour of the plaintiff?

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907.16.25 sa.docx

II. Whether for deciding the issue of due diligence on the part of defendant no. 2, the important aspect regarding the registered agreement in favour of the plaintiff pertaining to Gat No. 187 and not the suit property i.e. Gat No. 189 should have been appreciated by both the Courts?

III. Whether it was necessary to record findings on defendant no. 2’s title based on the agreement at Exhibit 70 in favour of defendant no. 2 for deciding the enforceability of the agreement in favour of the plaintiff against defendant no. 2 or whether defendant no. 2 would have been entitled to seek protection under Section 53-A of The Transfer of Property Act, 1882?

IV. Whether the findings recorded by both the Courts on defendant

no. 2’s right and he being bonafide purchaser without notice for value would amount to incorrect appreciation of evidence on record?

In addition to Court notice, learned advocate for the appellant

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

Call for record and proceedings. Printing is dispensed with.

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907.16.25 sa.docx

Learned advocate for the appellant shall file private paper-book

within a period of one year.

INTERIM APPLICATION NO. 320 OF 2025:

Rule on interim relief in terms of prayer clause (b) is made returnable on 26^th March 2025.

In addition to Court notice, learned advocate for the appellant

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

Till next date, there will be ad-interim stay in terms of prayer clause (b) subject to the appellant not creating any third party rights in

respect of the suit property or parting with possession in favour of any

third party.

[GAURI GODSE, J.]

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