On consent, the Bombay High Court decreed a suit seeking declaration of inheritance shares and appointment of a receiver. The property was set to be sold via public auction, with possession retained by occupying parties pending sale.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.3408 OF 2004
Shravan Vishnu Jadhav.
... Plaintiff..
vs.
.1. Sitabai wd/o. Vishnu Jadhav & others. .... Defendants.
Mr.Y.E.Mooman i/b. Ms.Manish B. Gawde, for Plaintiff.
Mr.M.B.Nair, for Defendants 1 to 3 and 5.
CORAM: D.K.DESHMUKH,J .
DATED: 13th January, 2006
P.C .:-
By consent of parties, the suit itself is taken up for hearing. By consent of parties, the suit is decreed in the following terms:-
Building no.82, B-Wing, Tilak Nagar, Chembur, Mumbai- 400089, was owned by Vishnu Ganpat Jadhav.
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the plaintiff and the defendants inherited the property and each one of them has 1/6th share in the property.
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However, initially the plaintiff shall put the Receiver into funds for conducting the sale. The amount contributed by the plaintiff shall be refunded to him by the Receiver after completion of sale.
There shall be no order as to costs. Refund of Court fees, if any, as per rules. The suit is disposed of.
1 issue framed by the court
Whether a suit for partition and sale of jointly owned inherited property can be decreed by consent of parties.
Sitabai wd/o. Vishnu Jadhav
D.K. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court