Disposed

Subhadrabai Ramdas Ghodke and Another through Gpa Nagorao Laxman Sontakke v. Shantabai Ramdas Ghodke and Others

Bombay HC5 Dec 2018WP/12124/2018

Case brief

AI extract

What is this about?

In a writ petition filed against an order of the District Judge regarding a stay on declarations in a civil suit, this court disposed of the petition with liberty for the petitioners to seek clarification from the District Judge. The petitioners did not challenge the executable part of the decree but only the stay on specific declaratory clauses.

What did the court decide?

Liberty granted to the petitioners to apply to the District Judge for clarification on the suspension of declaratory clauses, and the Writ Petition disposed of.

Subhadrabai Ramdas Ghodke and Another through Gpa… — Succession and Inheritance | Bombay HC (2018)

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Madkar

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1 W.P. No. 12124-2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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911.WRIT PETITION No. 12124 OF 2018

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Subhadrabai W/o Ramdas Ghodke and another … Petitioners
 Versus
Shantabai W/o Ramdas Ghodke and others …Respondents

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 Mr. A.M. Sabnis, Adv., h/f. Mr . V.D. Gunale, Adv. for petitioners.

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Coram : N.M. Jamdar, J. Date : 5 December 2018.

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ORAL ORDER :

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1.Heard the learned Counsel for the petitioners.

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2.The learned Counsel for the petitioners submitted that in
the appeal filed against the judgment and decree passed by the learned
Civil Judge, the learned District Judge-1, Kandhar, has granted
complete stay to the operation and execution of the judgment and
decree, as a consequence, even the declaration that plaintiff No.1 is
legally wedded wife of the deceased and plaintiff No.2 as their adopted
daughter, has been stayed. He states that this has created anomalous
position since the learned District Judge has observed in impugned

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Madkar 2 W.P. No. 12124-2018

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order that the plaintiff No.1 is admittedly the widow of the deceased.
The learned Counsel for the petitioners submitted that as regards the
executable part of the judgment and decree and stay granted to it, it is
not being challenged in this petition but only the above part.

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3. The learned Counsel for the petitioners submitted that
the petitioners will apply to the learned District Judge for clarification
as to whether the impugned order also means suspending the
declaration under clause 2 and 3 of the judgment and decree. If such
an application is made, the same will be considered by the learned
District Judge on its own merits.

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4.The writ petition is accordingly disposed of with the
above liberty.

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N.M. Jamdar, J.

Subhadrabai Ramdas Ghodke and Another through Gpa Nagorao Laxman Sontakke v. Shantabai Ramdas Ghodke and Others

Case brief

What is this about?

What did the court decide?

Subhadrabai Ramdas Ghodke and Another through Gpa Nagorao Laxman Sontakke v. Shantabai Ramdas Ghodke and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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