Disposed

Smt Gyabai Nimbaji Chavan v. Smt Kadubai Annasaheb Bhosale

Bombay HC24 Dec 2025IA/7897/2024

Case brief

AI extract

What is this about?

condonation of delay; second appeal; Second Appeal (ST) No. 6101 of 2023; Interim Application 7897/2024; Interim Application 7898/2024; High Court of Judicature at Bombay; Gauri Godse J.; Gayabai Nimbaji Chavan v. Smt. Kadubai Annasaheb Bhosale; Harshad Sathe; alienation by original holder in 1971; 4 acres transferred to defendant no.1; mutation entry no. 321; impugned judgment and decree granting

What did the court decide?

Issue of notice to the respondents, returnable on 8 July 2025; private service by the appellant's advocate with affidavit of service before the next date. The condonation of delay application and the

Smt Gyabai Nimbaji Chavan Vs Smt Kadubai Annasaheb Bhosale — Bombay HC (2025) — LawSathi Research

¶1

Digitally signed VARSHA by VARSHA VIJAY VIJAY RAJGURUDate: RAJGURU 2025.03.1920:54:07 +0530

¶2

71-ia-7897-2024-sast-6101-2023++.doc

¶3

varsha

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶5

INTERIM APPLICATION NO. 7897 OF 2024

¶6

WITH

¶7

INTERIM APPLICATION NO. 7898 OF 2024

¶8

¶9

SECOND APPEAL(ST) NO. 6101 OF 2023

¶10

Gayabai Nimbaji Chavan … Applicant/Appellant

¶11

vs.

¶12

Smt. Kadubai Annasaheb Bhosale … Respondent

¶13

Mr. Harshad Sathe for the Applicant/Appellant

¶14

CORAM : GAURI GODSE, J.

¶15

DATED : 17^th MARCH 2025

¶16

ORDER:

¶17

Heard learned counsel for the appellant. This application is for condonation of delay in filing the appeal. Learned counsel for the applicant submits that the reasons for delay are explained in the application.

¶18

On the merits of the second appeal, learned counsel for the appellant submits that specific contentions raised by the defendants regarding the original holder alienating part of the property in the year 1971 are not considered by both the courts. He submits that

¶19

Page no. 1 of 2

¶20

71-ia-7897-2024-sast-6101-2023++.doc

¶21

the original holder transferring 4 acres of land in the name of defendant no.1 which is recorded in mutation entry no. 321 is also not considered by both the courts. He submits that if the issue regarding property already alienated by the original holder is taken into consideration, then the impugned judgment and decree granting half of the share to the plaintiff would require modification. He therefore submits that the second appeal would require consideration as an important aspect of alienation on part of the suit property by the original holder was not considered by both the courts.

¶22

Learned counsel for the appellant submits that considering the nature of the dispute and the relationship between the parties the appellant would be agreeable to explore the possibility of an amicable settlement.

¶23

In view of the aforesaid, issue notice to the respondents returnable on 8^th July 2025.

¶24

In addition to Court notice, learned advocate for the appellant to serve the respondent, by private notice and file affidavit of service before the next date.

¶25

(GAURI GODSE, J.)

¶26

Page no. 2 of 2

Smt Gyabai Nimbaji Chavan v. Smt Kadubai Annasaheb Bhosale

Case brief

What is this about?

What did the court decide?

Smt Gyabai Nimbaji Chavan v. Smt Kadubai Annasaheb Bhosale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases