The Bombay High Court dismissed an appeal challenging the Single Judge's orders in a partition suit. The court held that the appeal lacked merit. No legal principle is established as the order merely affirms the lower court's clarification of ad interim decrees.
Appeal dismissed with no order as to costs.
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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PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.266 OF 2013
IN
NOTICE OF MOTION. OF 2011 IN SUIT (LODG.) NO.1586 OF 2011
Dr. (Mrs.) Anjali Dilip Beke ..Appellant. versus
Dr. (Mrs.) Sarojini Damodar Sathe and others
..Respondents.
Mr. Khan Javed Akhtar for the Appellant. None for the Respondents.
CORAM : DR.D.Y.CHANDRACHUD, AND S.C.GUPTE, JJ.
8 July 2013.
P.C. :
By an ad interim order dated 10 June 2011, the Learned Single Judge recorded the statement of the original First Defendant, the mother of the Plaintiff – Appellant that she did not intent to dispossess the Plaintiff. The Court recorded that the Plaintiff is admittedly in possession of a flat admeasuring 850 sq ft. of the property. Hence, no ad interim relief was granted in view of the statement made. The Appellant then took out the Notice of Motion for modification of the order dated 10 June 2011. In paragraph 6 of the affidavit in support, it was contended that on 10 June 2011 counsel for the First Defendant had also made a statement that the First Defendant will not create third party rights. On this, the Learned Single Judge has by an order dated 21 July 2011 clarified that the earlier order did not prevent the mother, the First Defendant from selling the property. The Motion was hence disposed of.
We find no reason to interfere with the orders of the Learned Single Judge. The first order is an ad interim order, while the second order was passed on a Motion for clarification. The Learned Judge has only clarified the record. Hence, the Appeal lacks merit and is accordingly dismissed.
(S.C. Gupte, J.)
1 issue framed by the court
Whether the impugned orders of the Single Judge regarding the modification of an ad interim order in a partition suit require interference on appeal.
Dr. (Mrs.) Anjali Dilip Beke
Dr. (Mrs.) Sarojini Damodar Sathe
Dr. D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
