Dismissed
Shri Jagannath Vithob Khartude v. Bapu Manu Gavade
Bombay HCSA/231/2007
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from the order text
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HIGH COURT OF JUDICATURE AT BOMBAY CIVIL…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.231 OF 2007
Jagannath Vithoba Khartude & Ors. ...Appellants
Versus
Bapu Manu Gavade & Ors. ...Respondents
Mr.Milind Deshmukh for Appellants.
None for Respondents.
CORAM: A.M.KHANWILKAR, J.
JULY 11, 2007.
P.C.
1. Heard Counsel for the Appellants.
2. The only argument advanced before this
Court is that Housabai had died in the year 1963,
Gabaji died in the year 1966 and Yamunabai died in
the year 1972. On their death, the succession
opened at relevant time, however, the Plaintiff did
not avail of Suit for Partition, for which reason,
Suit is barred by Law of Limitation. The argument
is ill-advised. It is well established that the
: 2 :
property continues to be joint family property even
upon the death of one of the co-parcener.
3. No substantial question of law arises for
consideration. Hence, dismissed.
A.M.KHANWILKAR, J.
Jagannath Vithoba Khartude & Ors.
Bapu Manu Gavade & Ors.
A.M. Khanwilkar, J.
As recorded by the court registry
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