Second appeal against a judgment allowing partition of joint family properties. The High Court upheld concurrent findings that the properties were partitioned in 1932, dismissing the appeal in limine. The accompanying civil application was also dismissed.
Second appeal dismissed in limine; accompanying civil application dismissed.
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 CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 445 OF 2007 WITH CIVIL APPLICATION NO. 1921 OF 2008
Dnyandeo Tukaram Kesare ........Appellant
versus
Shankar Bandu Kesare & ors........ Respondents.
Mr. P.V. Dhopatkar adv. for the Appellant Mr. S.D. Thokade adv. for the respondents 1 and 2.
CORAM: A. P. DESHPANDE, J. DATED : 5th JANUARY, 2009.
P.C.:
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separated amongst the three brothers. After the partition the plaintiff's father Tukaram sold his share of properties in favour of his other two brothers by name Bandu and Rangu, and since the year 1932 the names of the predecessor in titile of the defendants are appearing in revenue records, and the original sale deeds registred in the year 1932 were produced on record and duly proved and exhibited. Both the courts below have recorded a concurrent finding of fact that the three brothers had separated in mess and residents on account of the partition having been effected in the year 1932 which fact is further substantiated from the transactions such as sale deed executed by Tukaram in favour of his other brothes for valid consideration. The view taken by both the courts below, that the properties were partitioned in the year 1932 is based on evidence on record and does not call for any interference. No substantial question of law emerges for consideration. In the result there being no merit in the appeal, the same is dismissed in limine.
3. In view of the dismisal of second appeal, the civil application does not survive and the same is also dismissed.
(A. P. DESHPANDE, J.)
1 issue framed by the court
Whether the partition of joint family properties in 1932 by the three brothers disentitles the appellant from claiming partition of the property today.
1 provisions across 1 enactments
Dnyandeo Tukaram Kesare
Shankar Bandu Kesare
Ors
A. P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
