The High Court of Judicature at Bombay (Appeellate Side) dismissed the second appeal in a property suit. The court upheld the Appellate Court's finding of fact granting a 1/3rd share to the appellants, finding no substantial question of law arose.
Second Appeal dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
SECOND APPEAL NO. 197 OF 2002
Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders.
CORAM : ABHAY S.OKA, J.
DATED : 16th August, 2004.
| P.C.: | |||||||
|---|---|---|---|---|---|---|---|
| 1. Heard |
learn |
ed | Cou | nsel | ap | pearing for |
the |
| Appellants. | The | A | ppeal | is | by the |
original | |
| Plaintiffs. | The | trial | C | ourt | decree | d the suit |
filed |
| by the |
Appellants. | In | an | appeal | preferred by |
the | |
| Respondents/Defen | dants, | the | Appellate | Court | found | ||
| that the |
Appel | lants | are | entitled | only to |
1/3rd | |
| share in |
the | prope | rty | in | question. | The | finding |
| that the |
Appel |
lants | ha | ve | acquired | only 1/3rd |
share |
| is the |
finding | of | fact | bas | ed on |
the evidence |
on |
record. There is neither any perversity nor
illegality in the said finding.
| 2. As |
a | res | ult | of | the | finding, | the | Appe | llate | Court |
|---|---|---|---|---|---|---|---|---|---|---|
| has moulded |
the | decr | ee | passed | by | the | trial | Court | by | |
| modifying the |
same. | No | fault | can | be | found | with | the | ||
| approach | of | the | Ap | pellate | Court. | No | sub | stantial |
question of law arises in the Appeal. The Second
Appeal is dismissed with no order as to costs.
Judge.
1 issue framed by the court
Whether there is perversity or illegality in the Appellate Court's finding that the appellants are entitled only to a 1/3rd share in the property.
Appellants (Original Plaintiffs)
Abhay S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
