48.cas.959.26+sa.28.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.959 OF 2026 IN SECOND APPEAL NO.28 OF 2026 (Ishwar s/o Murlidhar Wadaskar Vs Murlidhar s/o Ramdas Nimkar and others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Aparna Jha, Advocate h/f Mr. A.A. Dhawas, Advocate for the appellant. CORAM:- MRS. VRUSHALI V. JOSHI , J. DATED :- OCTOBER 06, 2026 The respondents are already served. Nobody appears for the legal heirs of respondent No.1. 2. The application is allowed. 3. The appellant is allowed to bring the legal heirs of respondent No.1 on record. 4. Amendment be carried out within a period of one week. SECOND APPEAL NO.28 OF 2026 5. The appellant is the original plaintiff. The suit was filed by the plaintiff for declaration and injunction which was dismissed. The appeal was preferred by the plaintiff. The Appellate Court has confirmed the order passed by the learned Trial Court. Being aggrieved, the appellant has preferred the present appeal, on the proposed substantial question of law:- 48.cas.959.26+sa.28.26.odt 2 “(i) Whether the judgment and decree passed by the lower Court are legal as at one side the lower court held the plaintiff/appellant to be the owner of the suit property and at other side he is not held entitled for the injunction of the said property?” 6. Issue notice to the respondents, returnable on 26/11/2026. ( MRS. VRUSHALI V. JOSHI , J ) *Divya Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 06/10/2026 18:14:50