Shivaji Krishna Kadam v. Rama Kesu Potekar
Case brief
What is this about?
In this Second Appeal challenging a judgment decreeing a 1/2 share for respondents based on a Will, this court modified the shares to 1/4 for respondents and 3/4 for the appellant, directing partition by designated authorities.
What did the court decide?
Impugned judgment and decree modified to declare respondent nos.1 to 5 have 1/4th share and appellant has 3/4th share; partition directed.
What the court decided
A compact analysis
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.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.270 OF 1989
Shivaji Krishna Kadam .. Appellant
Versus
Rama Kesu Potekar and Ors. .. Respondents
Mr.R.G.Ketkar for appellant
Mr.Pramod G.Pawar for respondents
CORAM : P.V.KAKADE, J.
DATE : 19TH AUGUST, 2005.
P.C.:
1. Heard both sides.
Issues for consideration
3 issues framed by the court
Whether the decree of 1/2 share in favour of respondents is sustainable given the validity and non-implementation of the appellant's Will.
Whether the impugned judgment allowing a 1/2 share modification to 1/4 share is justified.
The appropriate method for partition of the house referred in paragraph 1 of the plaint.
Parties & counsel
- appellant
Shivaji Krishna Kadam
- respondent
Rama Kesu Potekar
- respondent
Ors.
Coram
Case details
As recorded by the court registry
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