Waman Sakharam Kokare v. Bhagubai Kondiba Kokare
Case brief
What is this about?
The Bombay High Court Second Appeal admits a substantial question of law regarding partition of ancestral properties without finding metes and bounds or necessary party joinder. An interim application grants staff stay on handing over possession during pendency.
What the court decided
VARSHA Digitally signed byVARSHA VIJAY VIJAY RAJGURUDate: 2024.10.08 RAJGURU 14:14:15 +0530
54-sa-487-2024-ia-11297-2024.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 487 OF 2024
Waman Sakharam Kokare and Ors … Appellants
vs.
Kondiba Sakharam Kokare since deceased thr Lrs and Ors … Respondents
WITH
INTERIM APPLICATION NO. 11297 OF 2024
IN
SECOND APPEAL NO. 487 OF 2024
Waman Sakharam Kokare … Applicant
Issues for consideration
3 issues framed by the court
Whether a decree for partition could have been passed without specific findings on metes and bounds and without adding other ancestral properties to the suit.
Whether ignoring the pleads regarding the necessity of adding Gajrabai as a party amounted to error.
Whether the decree for partition and possession is sustainable absent joinder of necessary parties and non-joinder of ancestral properties.
Parties & counsel
- appellant
Waman Sakharam Kokare and Ors
- respondent
Kondiba Sakharam Kokare since deceased thr Lrs and Ors
Coram
Gauri Godse
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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