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2018 Supreme(Bom) 462

MANISH PITALE
Nilkanth Baliram Sawarkar – Appellant
Versus
Vidyanand Balkrishna Ogale – Respondent


Advocates Appeared:
For the Appellant :P.N. Kothari, Advocate.
For the Respondent:Abhijeet Khare, Advocate.

JUDGMENT :

1. In this case, although the appellate Court has upheld the findings rendered by the trial Court on the question of malicious prosecution and the compensation granted in favour of the appellant, the suit has been dismissed by the appellate Court as being barred by limitation. As a result, although the findings on merits are rendered in favour of the appellant, solely on the ground of limitation, the suit itself has been dismissed.

2. The respondent in the present case approached the Police Station on 05-09-2002, making allegations against the appellant herein to the effect that he had encroached on the property of the respondent. After the appellant explained the factual position by showing Sale Deed by which he had purchased the property in question, the Police was satisfied that the dispute was of civil nature and that no cognizance was taken of the complaint made by the respondent. Thereafter, the respondent approached the Sub-Registrar and claimed that there was fabrication and forgery at the behest of the appellant in the aforesaid Sale Deed, upon which the Sub






































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