Urmilabai Gulabrao Patil and Ors. v. Alkabai Subhash Patil and Ors.
Partition – Second Appeal
Case brief
What is this about?
Second Appeal No.461 of 2023, High Court of Judicature at Bombay, Bench at Aurangabad, S. G. Chapalgaonkar J., decided 24.02.2025 — partition of agricultural land Gut No.405 and Grampanchayat House No.137, Mauje Budhgaon, Tq. Chopda, Dist. Jalgaon, claimed as ancestral/joint family property of Late Jagatrao Kautik Patil's heirs; defence that the land was mutated exclusively in favour of defendant no.2-Urmila in lieu of her gold ornaments sold to repay a Rs.50,000/- joint family loan rejected for want of evidence of the debt or use of sale proceeds; trial decree (16.08.2016) and first appellate decree (District Judge-2, Amalner, 08.02.2022, Regular Civil Appeal No.49/2016) upheld as concurrent findings; no substantial question of law under second appeal; Second Appeal dismissed, Civil Application No.12069 of 2022 disposed of. Keywords: partition, ancestral property, self-acquired property, family arrangement/mutation, gold ornaments, family loan, concurrent findings, substantial question of law.