Meghashyam Ramchandra Naik v. Mahendra Purushottam Naik Gaunekar
2021-10-25
MANISH PITALE
body2021
DigiLaw.ai
JUDGMENT Manish Pitale, J . - Heard Mr. A. D. Bhobe, learned Counsel appearing for the appellants, Mr. A. Nachinolkar, learned Counsel appearing for the respondent nos.1 and 2 and Mr. V. Amonkar, learned Counsel appearing for the respondent nos.3 and 4. 2. Admit on the following substantial questions of law:- a. Whether when the Appellants were brought on record before the Court of the Mamlatdar in the purchase proceedings bearing case No. Mam/Mun/Pur-Ban/1-98 in respect of the dwelling house bearing House No.E 48, situated in property bearing survey no.21/2 of village Bandora, in the capacity of they being the legal heirs and successors of Malkumi Anu Naik, the Appellate Court as well as the Trial Court were right in holding that the Appellants were required to initiate proceedings under the Mundkar Act for seeking declaration of having inherited Mundkarial rights? b. Whether the Transfer deed dated 30/11/2003 at Exh. - C/78, executed by the Respondent nos. 1 and 2 in favour of the Respondent no. 3, thereby transferring the dwelling house bearing House No. E 48 in favour of the Respondent No.3, is illegal, null and void being hit by section 3 of the Mundkar (Protection from Eviction) Act 1975? c. Whether the Appellate Court has failed to frame proper points for determination in terms of Order 41 Rule 31 of CPC, thereby failing to address questions as raised in Regular Civil Appeal No. 93/2017, consequently vitiating the Judgement and Decree dated 25/04/2018 in Regular Civil Appeal No. 93/2017 ? 3. Mr. A. Nachinolkar, learned Counsel waives notice on behalf of the respondent nos.1 and 2 and Mr. V. Amonkar, leaned Counsel waives notice on behalf of the respondent nos.3 and 4.