The Apex Court on 25.04.2019, in Hirabai (D) Thr. L.Rs. & Ors.  v Ramniwas Bansilal Lakhotiya (D) by L.Rs. & Ors., had dismissed the appeal that had been  made against the  High Court   of   Judicature   at   Bombay   order and judgment wherein the second appeal was dismissed by the High Court .

FACTS:
The appeal had been made the legal representatives of two deceased plaintiffs, being the sisters of the defendant  No.3. The dispute revolved around a building that had four houses. The disputed property was sold by Defendant No.3 through a sale deed that had been registered ,while upon the buyer’s death the property was inherited by the defendants .The dispute had taken place between defendant Nos.1 and 2 with defendant No.3  as such a civil suit had been filed by the defendant  Nos.1  against   the others.

The suit had been made for declaring the title over the disputed property in which a decree was passed favoring  defendant  Nos.1   and   2/respondent   Nos.1   wherein they were also held as owners giving rise to an appeal by contesting that such a suit was bad, time barred   and collusive in nature so as to dodge the execution of the decree .The suit faced a dismissal along with all the issues.

Being aggrieved, a first appeal was made before the 2nd Additional   District   Judge that eventually faced a dismissal leading to a second appeal which as well faced dismissal and hence an appeal had been made in the Apex Court. 

ISSUE:

Was it justified from the part of the High Court to dismiss the second appeal while affirming the Trial Court as well as first Appellate Court judgment resulting in the dismissal of the suit?

HELD:

The Apex Court while dismissing the second appeal held that the suit had not been filed for a reason that was bona fide enough and rather was filed to avoid the execution of the decree against defendant No.3 

Read full judgment here:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2009/16354/16354_2009_Judgement_25-Apr-2019.pdf” download=”all”]