CHANDRAKANT SOMNATH MELGE Vs. BALASAHEB SOMNATH MELGE
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Chandrakant Somnath Melge
Balasaheb Somnath Melge
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(1.) By consent the Second Appeal is taken up for hearing at the admission stage, since it involves a short question of law as noted herein below.
(2.) This Second Appeal arises from a decision of the First Appellate Court refusing to entertain the Appeal preferred by the Appellant herein from the decree passed by the Civil Judge, Junior Division, Mohol against the Appellant. The decree was passed ex parte on the Respondent's suit granting permanent injunction directing the Appellant not to obstruct his peaceful possession of the suit property.
(3.) It was the case of the Appellant before the First Appellate Court that no notice of the suit was served on the Appellant. It was the Appellant's case that he did not know about this suit, that he had filed Regular Civil Suit No. 345 of 2012 against the Respondent for partition and possession of the suit property and when the Respondent filed his written statement in that suit referring to the ex parte decree, the Appellant came to know about the filing of the suit, and that he thereafter applied for a certified copy of the Judgment and Decree passed in the Respondent's suit and after getting the same, filed his Appeal.;
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