Partly allowed

Geetabai Prakash Damare and Other v. Chandrabhagabai Govindrao Ingale (Dead) Thr Lrs Prakash Bhaurao Damare and Other

Bombay HC30 Oct 2023CAS/1433/2023

Case brief

AI extract

What is this about?

Application for condonation of one-day delay in filing second appeal allowed due to E-filing difficulties. Subsequent notice issued for immediate registration and framing of substantial questions of law regarding title dispute and error in appreciating relinquishment.

What did the court decide?

Delay in filing second appeal condoned; Registry directed to register appeal; notice issued for substantial questions of law.

Geetabai Prakash Damare and Other Vs Chandrabhagabai Govindrao… — Partition | Bombay HC (2023)

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13 cas 1433-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION (CAS) NO. 1433/2023 IN

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SECOND APPEAL STAMP NO. 21044/2023

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Geetabai Prakash Damare and another

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Vs.

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Chandrabhagabai Govindrao Indale (Dead) through L.Rs. Prakash Bhaurao Damare and another

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions ers and Registrar's ord

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Shri V.R. Deshpande, Advocate for appellants

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CORAM : SMT. M.S. JAWALKAR, J. DATE : 30/10/2023

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Present application is filed for condonation of delay in filing second appeal. There is delay of one day in filing second appeal. The delay is caused due to difficulties faced by the Counsel in E-filing. As such, there is no intentional or deliberate delay. Accordingly, application is allowed.

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Delay in filing second appeal is hereby condoned.

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Registry is directed to register second appeal.

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Application stands disposed of.

Jayashree..

13 cas 1433-2023.odt

SECOND APPEAL STAMP NO. 21044/2023

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After registration of the second appeal, issue notice to the respondents, returnable within three weeks on following substantial question of law :

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“(i) Whether the learned subordinate Courts below erred in dismissing the suit with regard to the property bearing Survey No. 82/2, Gat No. 13/2 especially when the respondent No.1 who is the vendor in sale deed dated 06/05/2003 has herself categorically admitted the entire case of the appellants and has pleaded that the said sale deed is sham and bogus ?

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(ii) Whether the learned subordinate Courts erred in relying on the mutation entry to decide the question of title, more particularly when there is no valid document of relinquishment or transfer placed on record by the respondent No.2 ?

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(iii) Whether the learned subordinate Courts erred in appreciating the concept of relinquishment in as much as the learned Courts failed to take note that relinquishment of share of interest in an immovable property cannot be termed as a transfer in favour of any particular person, but merely implicates that the relinquished share shall devolve upon all the other members of the joint family ?”

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(SMT. M.S. JAWALKAR, J.)

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Jayashree..

Geetabai Prakash Damare and Other v. Chandrabhagabai Govindrao Ingale (Dead) Thr Lrs Prakash Bhaurao Damare and Other

Case brief

What is this about?

What did the court decide?

Geetabai Prakash Damare and Other v. Chandrabhagabai Govindrao Ingale (Dead) Thr Lrs Prakash Bhaurao Damare and Other

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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