IN SA/214/2026 v. Baby Bhimraj Rahinj
Case at a glance
Outcome
Dismissed
The Second Appeal is dismissed
Key paragraphs
- Para 66. In view of the dismissal of the Appeal, nothing survives in the captioned Civil Application and the same is disposed of accordingly. [SIDDHESHWAR S. THOMBRE, J.] Shubham
Judgment
Mr. Vikram Dhorde for Appellant. …. CORAM : DATE : SIDDHESHWAR S. THOMBRE, J. 25 JUNE 2026 P. C.:
#2. Heard learned counsel for the Appellant. By way of this Second Appeal, the Appellant-Original Plaintiff challenges the order dated 16th September 2009, passed by Ld. II Civil Judge Junior Division, Sangamner in Civil Suit No.453 of 1999 and order dated 8th November 2024, passed by the Ld. District Judge -1,Sangamner Dist. Ahmednagar in Regular Civil Appeal No.130 of 2009, whereby the Suit and the Appeal filed by present Appellant came to be dismissed.
#3. Mr. Dhorde, learned counsel for the Appellant submits that the Appellant/Original Plaintiff filed a Suit for declaration that the sale deed dated 21st September 1999 is null and void by contending that the same was Shubham obtained without consideration. He submits that both the Courts below have erroneously observed that the Plaintiff has failed to prove that the sale deed was illegal as being without consideration. Therefore he submits that the said issue needs to be reconsidered by this Court in the present Second Appeal.
#4. He invited my attention to the proposed questions of law (VI) and (VII) which read thus:- (VI) Whether the Appellant/Plaintiff became the absolute and exclusive owner of the suit property by virtue of will deed dated 13/11/1995 executed by Kondabai in favour of the appellant. (VII) Whether the sale deed dated 21/09/1999 executed by Kondabai in favour of respondent/plaintiff is illegal as being without consideration.
#5. Having heard the learned counsel for the Appellant and upon going through the proposed questions of law, I am of the opinion that the proposed questions of law were already decided by the learned Trial Court and the first Appellate Court in the form of issues/points for consideration and were sufficiently answered by the Courts below. Both the Courts below have answered the said issues in negative against the present Appellant. The burden to prove the said issues was on the Appellant which he failed to discharge. Therefore, I find that no substantial questions of law are involved in the present Second Appeal. Hence, I pass the following order:- Shubham O R D E R i. ii. The Second Appeal is dismissed. No order as to costs.
#6. In view of the dismissal of the Appeal, nothing survives in the captioned Civil Application and the same is disposed of accordingly. [SIDDHESHWAR S. THOMBRE, J.] Shubham
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Second Appeal is dismissed
Which court decided this case, and when?
Bombay High Court, on 25 Jun 2026. The bench was SIDDHESHWAR S THOMBRE, CIVIL, DISTRICT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.