Basantkumar @ Balbhadra S/O Jagannathsingh Yadav v. Udaysingh S/O Chirkut Patil and Others
Case brief
What is this about?
CAS 68/2026 in Second Appeal ST 21550/2025, High Court of Judicature at Bombay, Nagpur Bench, Rohit W. Joshi, J., order dated 21/01/2026. Interim order: notice to non-applicants returnable 06.02.2026; service by speed post plus regular mode and affidavit of service; status quo on suit property till returnable date. Proposed substantial questions of law: (i) whether right to prosecute proceedings is lost by plaintiff's transfer of suit property during pendency (lis pendens / pendente lite transfer to Manojkumar Siriya); (ii) whether Chottelal/Chhotelal is ostensible owner merely on mutation of name in Municipal Council records; (iii) whether appeal liable to be dismissed for non-joinder of plaintiff No.1(g) as respondent. Contentions: mutation by non-applicants on basis of First Appellate Court decree; 1932 sale deed Exh.257 establishing plaintiff's father's title (trial Court judgment paras 12–13); defendant's sale deed dated 08.01.1986 from Chhotelal (brother of guardian Bhaiyyalal appointed by District Judge) conferred no title; First Appellate Court's bonafide purchaser finding resting on long-standing municipal entry, no ownership finding for Chhotelal (judgment para 20 referenced). Advocate: H.I. Kothari for applicants/appellants. No statutes or precedents cited.