Subhadra Mahadu Shinde vs. Manik Baburao Waghmode (D) Thr Lrs

1 ITEM NO.13 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8495/2014 (Arising out of impugned final judgment and order dated 21/01/2014 in SA No. 41/2014 passed by the High Court Of Bombay At Aurangabad) SUBHADRA MAHADU SHINDE Petitioner (s) VERSUS MANIK BABURAO WAGHMODE (D) THR LRS. AND ORS Respondent (s) (with office report) Date : 22/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Nishant R. Katneshwarkar, Adv. for Mr. Sudhanshu S. Choudhari,AOR(NP) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Learned counsel for the petitioner states, that the High Court recorded the most important issue between the parties in paragraph 3 of the impugned order, namely, wheth er the defendants had paid Rs.26,000/- to the plaintiff and settled the Signature Not Verified case. Digitally signed by The High Court further recorded a finding that the first Parveen Kumar Chawla Date: 2014.08.22 17:01:04 IST appellate Court had not examined the instant issu e and Reason:

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issue and record a finding thereon. As against the order passed by the High Court, learned counsel for the petitioner invites our attention to paragraphs 11 to 17 of the order passed by the first appellate Court wherein the issue on which the matter was remanded has been adjudicated upon in minute detail.

Issue notice.

Till further orders, the operation of the impugned order shall remain stayed.

(Parveen Kr. Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar