In Civil Application No.1151 of 2004, the Court allowed the application allowing provisions for service of notices and determination of rights of an interested party (Applicant's sister) not impleaded in the suit, noting joint possession of suit premises.
Application allowed in terms of prayer clauses (a) and (b).
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 FARAD CONTINUNATION SHEET CIVIL APPLICATION NO.1151 OF 2004 IN
FIRST APPEAL NO.84 OF 2004
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’sCourt’s or
orders or directionsJudge’s orders
& Registrar’s orders.
Mr.Madhav Jamdar for the Applicant
CORAM: A.S.OKA, J.
DATE : OCTOBER 1,2007.
P.C.:
1. The learned Advocate for the applicant
has tendered on record Affidavit of
service along with the acknowledgement
signed by the Respondent. The said
affidavit is taken on record and marked
‘X’ for identification. The learned
Advocate for the Applicant states that the
Respondent has been duly served.
2. The learned Advocate for the Applicant
has invited my attention to the impugned
Judgment and Order date 16th October 2003.
He pointed out that the Applicant and the
Respondent are in joint possession of the
suit premises. He pointed out that while
disposing of the suit, the learned trial
-2-
Judge has recorded that the Applicant’s
sister will be entitled to 1/3rd share and
the said Applicant’s sister Kalpana is not
a party to the suit.
3. Considering the nature of the impugned
order, prayer (a) of the Application
deserves to be granted. Prayer (b) also
deserves to be granted in view of the
averments made in the Application.
Application is allowed in terms of prayer
clauses (a) and (b).
JUDGE
2 issues framed by the court
Whether CFR 1151/2004 is maintainable for determination of rights of an interested non-party sister in joint possession premises.
Whether prayer (b) for transcript/declaration deserves to be granted.
Applicant
Respondent
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court