Dismissed

Krishnadeo Shripati Patil v. Vitthal Shripati Patil

Bombay HC28 Jan 2013SA/343/2012

Case brief

AI extract

What is this about?

The Court reheard the appeal regarding a partition dispute where the District Court held the respondent entitled to a 1/4th share. The appellate Court found no convincing evidence of the alleged oral relinquishment of share by the deceased and dismissed the appeal at the admission stage as involving no substantial question of law.

What did the court decide?

Second Appeal is dismissed at the stage of admission. No order as to costs.

Krishnadeo Shripati Patil Vs Vitthal Shripati Patil — Partition | Bombay HC (2013)

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343-12-sa=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 343 OF 2012

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Krishnadeo Shripati Patil & Ors.

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.. Appellants

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V/s.

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Vitthal Shripati Patil & Ors. .. Respondents

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Mr. Shriniwas S. Patwardhan for the appellants None for the respondents

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CORAM : R.Y.GANOO, J. DATED : 28^th JANUARY, 2013

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P.C. :

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Heard learned advocate Mr. Patwardhan in support of the appeal.

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The respondent no.1 filed Regular Civil Suit No.23 of 1992 to

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seek partition in respect of the property set out in the appeal. That suit was dismissed by judgment and decree dated 31^st January, 2002.

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The original plaintiff i.e. respondent no.1 herein filed Regular Civil Appeal No.143 of 2002. That appeal was decided by judgment and

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decree dated 28^th September, 2011. The District Court allowed the

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appeal and decreed the suit and held that the respondent no.1 is entitled for 1/4^th share in the suit property.

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It is noticed on the basis of record that main dispute pertains to the property of share of Dhondiba, who succeed to Jayram. It is held that said Dhondiba had made an oral relinquishment of his share in his father's property in favour of Dnyaneshwar and Tukaram. It is noticed that in the revenue record, an intimation is given about oral relinquishment and the names of Dnyaneshwar and Tukaram had appeared. Apart from this, it is noticed that there is no convincing evidence to accept the case of the oral relinquishment. The present appellants contended that on account of oral relinquishment by Dhondiba during his lifetime in favour of Dnyaneshwar and Tukaram, rights were conferred upon the Dnyaneshwar and Tukaram. The very term “oral relinquishment” would mean that said person who relinquishes his rights in favour of somebody else, makes a declaration and said declaration is made in the presence of some third person so that the desire of the person who relinquishes his

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property is made known to others. There ought to be specific evidence to show that the utterances of oral relinquishment were made by Dhondiba.

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The concept of oral relinquishment is accepted, however, in the absence of specific evidence to show that oral utterances were made by Dhondiba, it would not be possible to accept the case of oral relinquishment. It is for these reasons, it is not possible to interfere in the impugned judgment delivered by the learned District Judge.

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No substantial question of law is involved. Hence, Second Appeal is dismissed at the stage of admission. There shall be no order as to costs.

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[R.Y.GANOO, J.]

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Krishnadeo Shripati Patil v. Vitthal Shripati Patil

Case brief

What is this about?

What did the court decide?

Krishnadeo Shripati Patil v. Vitthal Shripati Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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