Gulab @ Bitty Bisanji Bhure through Its Power of Attorney Vishwakant Gulab Bhure v. Rekha Ramesh Mehar
Case brief
What is this about?
Bombay HC Nagpur Bench; Second Appeal No. 30/2025; Rohit W. Joshi J.; decided 02-05-2025; dismissed with no order as to costs; no substantial question of law; pendency of title appeal no bar to filing suit for possession; possession suit not premature; no suppression where defendant is party to suit and aware of own appeal; original defendant Gulab @ Bitty Bisanji Bhure vs plaintiff Rekha Ramesh Mehar; Regular Civil Suit No.32/2010 (sale-deed challenge, dismissed); Regular Civil Suit No.207/2018 (possession, partly decreed 13.10.2021); concurrent decrees for possession; due process of law restraint in earlier round.
What did the court decide?
The pendency of an appeal challenging the title cannot operate as a bar for filing a suit for possession; accordingly, the defendant-appellant's contention that the plaintiff's possession suit was premature is liable to be rejected.