Advocates:
['TALEKAR AND ASSOCIATES', 'DESHPANDE C R', 'C C DESHPANDE', '', 'FOR R/ TO']

( 1 )

sa877.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 877 OF 2016

WITH

CIVIL APPLICATION NO. 14363 OF 2019

Baswaraj s/o. Madolappa Barole

..

Appellant

[original

plaintiff]

Versus

Madevi w/o. Virbhadrappa Barole (died)

..

Respondents

through her legal heirs..

[original

defendants]

Miss P.S. Talekar h/f. Talekar & Associates, Advocate for

the appellant.

Mr.C.R. Deshpande, Advocate for respondent Nos.1A to 1D.

CORAM

:

S.M.GAVHANE,J.

RESERVED ON

:

17.12.2019

PRONOUNCED ON:

04.03.2020

O R D E R :-

.

Heard learned Advocates for the parties on

admission of the appeal.

2.

The appellant/original plaintiff has filed this

Second Appeal against dismissal of his Regular Civil

Appeal No. 202 of 2012 by the Adhoc District Judge-1,

Latur, confirming the order dated 22.07.2010 passed below

( 2 )

sa877.16

Exh.25 in Special Civil Suit No.102 of 2004, holding that

said Court/Civil Court has no jurisdiction to try and

entertain said suit, by answering preliminary issue

framed in this respect in the negative and ultimately

dismissing the said suit on the same day as per order

below Exh.1. The parties are hereinafter referred to as

per their posi