The Court dismissed the writ petition. It held that where partition has not occurred in joint family property, a purchaser cannot claim possession of a specific portion but must file a general partition suit.
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
Mhi
WRIT PETITION NO. 7244 OF 2010
Shri Kishor Laxmanrao Sanas ... Petitioner (Orig.Appellant/Plaintiff) Vs. Shri Ganpat Vithu Gaykar ... Respondent (Orig.Respondent/Defendant)
Mr. Nitin P. Deshpande, Advocate, for the petitioner.
CORAM: J.H.BHATIA,J. DATE : 21st September, 2010.
P.C.
The application was rejected by the trial Court. Appeal was also dismissed. It is
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settled position of law that if the partition of the joint family property has not taken place, the purchaser of a share of one of the joint owners cannot claim possession of any specific portion of that property. He can only file suit for general partition and get possession of his share. I find no illegality in the impugned order.
(J.H.BHATIA,J.)
1 issue framed by the court
Whether a purchaser of a share of a joint family property before partition can claim possession of a specific portion.
Shri Kishor Laxmanrao Sanas
Shri Ganpat Vithu Gaykar
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
