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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 122 OF 2009

Ravindra Vithoba Jathar ........Appellant

versus

Devayani Dattatray Joshi & ors........Respondents.

Mr. S.B. Shetye adv. for the Appellant.

Mr. A.S. Rao adv. for the Respondents.

CORAM: B. R. GAVAI,J.

DATED : 30th August, 2010.

P.C.:

1.

The appeal challenges the order passed by the learned

Joint C.J.J.D. Ratnagiri dated 28-8-2006 thereby decreeing the suit

and the order passed by the learned District Judge-1. Ratnagiri, in

Civil Appeal no. 78/06 thereby dismissing the appeal preferred by

the plaintiff/appellant.

2.

The appeal basically is on the ground that though earlier

the issues were framed on 7-11-2005 and the parties had led their

evidence on the said issues, subsequently on 23-8-2006 only one

issue was framed regarding the validity of the notice dated

2-3-2005 and without giving any opportunity to the parties to lead

evidence on the said issue, decree came to be passed on

28-8-2006.

3.

I find that the procedure adopted by the learned Judge

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was totally erroneous. Having re-framed the issue it was necess