The High Court disposed of a writ petition challenging an order declaring a Partition List invalid. The Court held that since the entitlement of legal heirs was to be determined by an existing civil suit binding on all heirs, no interference with the impugned order was justified.
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.
9-wp-9650-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9650 OF 2024
Pratap Fatumal Dhara … Petitioner
Versus
The State of Maharashtra Through Its Principal Secretary & Ors … Respondents
Mr. Valmiky Narvekar, with Mr. Akshay Giri, for the Petitioner. Mr. Y.D. Patil, A.G.P. for the Respondent – State.
P.C.:
ARUN RAMCHANDRA SANKPAL
Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2024.07.18 19:49:55 +0530
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legal right in the immovable property. Murlidhar, son of Assandas Dharra is claimed to have passed away bachelor, it is therefore contended that the findings recorded by the respondent No.1 by the impugned order dated 29.11.2023 that the Partition List dated 25.07.1986 (page 33) was invalid, would not be correct, as all that can be said about it, is that it would not affect the right of Kamlesh and Pradeeep and would not be invalid in its entirety.
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respondent No.1 vis-a-vis the Partition Deed dated 25.07.1986, would not come in the way of the petitioner, in seeking relief in the suit filed by him
(AVINASH G. GHAROTE, J.)
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2 issues framed by the court
Whether the Writ Petition challenging the invalidity of a Partition List requires interference given an existing civil suit on the same subject matter.
Whether findings on the Partition Deed in the writ petition will affect the petitioner's right to seek relief in the filed civil suit.
Pratap Fatumal Dhara
The State of Maharashtra Through Its Principal Secretary
Pradeep
AVINASH G GHAROTE
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
