The High Court dismissed a writ petition challenging the trial court's refusal to frame an additional issue casting the burden on the defendant to prove the property was her absolute purchase funded by relatives.
Petition dismissed; no additional issue to be framed against the defendant.
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.
1 WP 7797 of 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
925 WRIT PETITION NO. 7797 OF 2017
BHIMRAO TANHA MAHAJAN AND OTHERS VERSUS SHRIMAT LAXMIBAI DHONDU MAHAJAN AND OTHERS
Shri. S.D. Hiwrekar, Advocate, for petitioners.
Coram: T.V. NALAWADE, J.
Date : 5 July 2017.
ORDER:
2 WP 7797 of 2017
Hindu family though in the nae of defendant Laxmibai. It is the contention of defendant Laxmibai hat her parents had helped her in purchasing the suit property and it is her absolute property.
as under :
eqn~n s
3 WP 7797 of 2017
Sd/- (T.V. NALAWADE, J.)
rsl
2 issues framed by the court
Whether refusal to frame a specific issue casting the burden on the defendant to prove absolute ownership constitutes an error.
Whether the trial court discharged the legal principle regarding the presumption of joint Hindu family property.
Bhimrao Tanha Mahajan and others
Shrimat Laxmibai Dhondu Mahajan and others
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
