This is an appeal against a decree upholding a partition suit. The High Court held that since lower courts found the properties to be ancestral and joint family properties, and defendants failed to prove prior partition, no substantial question of law arose. The appeal was dismissed.
The appeal was dismissed.
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.
2023:BHC-NAG:17414
1 22-SA 362-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH AT NAGPUR
SECOND APPEAL NO. 362 OF 20 22
1) Raju Anandrao Samrit, Aged about 59 years, Occu.: Business,
2) Prakash Anandrao Samrit,
Aged about 52 years, Occu.: Business,
R/o. Jagnath Budhwari, Piwli Marbat Chowk, Nagpur
... Appellants
.. Versus ..
1) Ratna Pradip Mali, Aged about 50 years, Occu.: Housewife, R/o. Ghodpeth, Tahsil-Bhadravati, District-Chandrapur.
2) Vaishali Kishore Fandi, Aged about 44 years, Occu.: Housewife, R/o. Ganjipeth, Old Jailkhana, Nagpur District Nagpur. ...Respondents
------------------------------------------------------------------------Shri Madhur Deo, Advocate for appellants. -------------------------------------------------------------------------
CORAM : SMT. M.S. JAWALKAR, J.
DATED : 21/12/2023
2 22-SA 362-2022.odt
JUDGMENT
Heard the learned counsel for the appellants.
under:-
The plaintiff’s case is that defendant nos. 1 and 2 are her real brothers and defendant no. 3 is real sister. The suit properties bearing CTS No. 133 admeasuring 103.08 sq.mtr. situated at Jagnath Budhwari, Nagpur and CTS No. 205, admeasuring 59.08 sq.mtr. situated at Mahal, Nagpur, were the ancestral and joint family properties of their father
3 22-SA 362-2022.odt
late Anandrao Damduji Samrit and his family. He died intestate on 15/01/2010. His widow and mother of the parties to the suit Rukhmabai predeceased to him on 01/09/2000. After the death of Anandrao, the suit properties have not been partitioned between the parties to the suit. The defendants avoided to partition them even after receiving of a legal notice dated 20/11/2012 on behalf of the plaintiff. Therefore, the plaintiff filed a suit for relief of partition, separate possession and mesne profit.
4 22-SA 362-2022.odt
[SMT. M.S. JAWALKAR, J.]
B.T.Khapekar
2 issues framed by the court
Whether the concurrent findings of the lower courts regarding ancestral joint family properties required re-examination in this appeal.
Whether the appeal raises a substantial question of law regarding the partition of suit properties.
2 provisions across 1 enactments
Raju Anandrao Samrit
Prakash Anandrao Samrit
Ratna Pradip Mali
Vaishali Kishore Fandi
M.S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
