Suresh Ramdas Sontakke vs Ambadas Suryabhan… — Succession and Inheritance | Bombay HC (2025)

Suresh Ramdas Sontakke vs Ambadas Suryabhan… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Solankha, sister of the original plaintiff and original defendant, who would become a coparcener after the amendment to the Hindu Succession Act, is a necessary party to Regular Civil Suit No.81/2018 (partition suit), rendering the trial Court's Exh.1 joinder order unchallengeable by the defendant. +2 more

Court's answer

Irrespective of the defendants' claim of previous partition, the suit remains one for partition; after the amendment to the Hindu Succession Act, Solankha (sister of the original plaintiff and original defendant) would become a coparcener and therefore a necessary party to the suit.

Ratio / Principle

On admitted facts and the position of law, the trial Court correctly ordered (below Exh.1, dated 5th April 2024) that Solankha's heirs be joined as parties to the suit; the defendant's challenge to that order is held to be nothing less than abuse of process of law.

Key takeaways

After the Exh.-49 order (17th February, 2023), the defendant filed an application for amendment to the written statement, demonstrating he was conscious that the contentions sought to be placed on record vide Exh.-49 could only be raised by amendment; nevertheless he filed the petition taking exception to that order.ratio¶5
When the Court finds litigation is not bona fide and the other side is intentionally dragged into it, it is the Court's duty to deal with such litigants strictly; this Court holds that the petition filed by the defendant is abuse of law.ratio¶6

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench | WRIT PETITION No.3598 OF 2024 (neutral citation 2025:BHC-NAG:5750) | R.M. JOSHI, J. | decided 18 June 2025 | Suresh Ramdas Sontakke v. Ambadas Suryabhan Sontakke (dead) thr. legal heirs Narayan Ambadas Sontakke. The suit (Regular Civil Suit No.81/2018) is for partition and separate possession. On admitted facts, Solankha is sister of the original plaintiff and original defendant; irrespective of the defendants' claim of previous partition, and after the amendment to the Hindu Succession Act she would be a coparcener, she is a necessary party. The trial Court's order below Exh.1 dated 5th April 2024 directing joinder of her heirs is upheld as correct; the defendant's challenge to it, and his exception to the earlier order below Exh.-49 dated 17th February 2023 despite having himself then sought amendment of the written statement, are held to be abuse of the process of law. Petition dismissed with costs of Rs.5,000/- payable to Matoshree Old Age Home, Adasa Sonpur, District Nagpur, within four weeks.

2025:BHC-NAG:5750

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

WRIT PETITION No.3598 OF 2024

(Suresh Ramdas Sontakke Vs. Ambadas Suryabhan Sontakke (dead), through legal heirs Narayan Ambadas Sontakke)

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. P.K. Mohta, Advocate for petitioner. Mr. A.S. Thotange, Advocate for respondent No.1.

CORAM : R.M. JOSHI, J. DATE : 18th JUNE, 2025.

It is often seen that the unscrupulous litigant take the shelter of filing of the proceeding in order to cause harassment to the other side and to burden the judicial system with false/frivolous cases. Here is the one example of such nature of litigation.

Heard learned counsel of both sides substantially. 3. Admittedly the suit filed by the plaintiff is for partition and separate possession being Regular Civil Suit No.81/2018. The pleadings as well as the evidence which is placed before this Court indicates that there is no dispute about the fact that Solankha is the sister of original plaintiff and original defendant. Irrespective of fact that defendants claim previous partition, the suit remains for partition and after the amendment to the Hindu Succession Act the sister of original plaintiff and original defendant would become coparceners and she, therefore, is a necessary party to the suit.

In spite of this admitted position neither the plaintiff

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nor the defendants took steps to join her as a party defendant. It was the trial Court on considering admitted facts and position of law pass order below Exh.1 dated 5^th April 2024 to join her heirs as a party to the suit. The defendant is challenging this order. This challenge is nothing less than abuse of process of law.

As far as order passed below Exh.-49 dated 17^th February, 2023 is concerned, admittedly after passing of this order defendant had filed application for amendment to the written statement. This indicates that defendant was conscious of the fact that the contentions sought to be placed on record vide Exh.-49 could only be done by making an application for amendment to the written statement. In spite of this, the petition has been filed taking exception to the order in question.

When Court finds that the litigation is not bona fide and other side is intentionally dragged into the said litigation, it would be duty of the Court to deal with such litigant strictly. This Court, therefore, has no hesitation to hold that this petition filed by the defendant is abuse of law. Petitioner was given an option for withdrawal of the petition, he however seeks order.

Hence, the petition is dismissed with costs of Rs.5,000/- payable to Matoshree Old Age Home at Adasa Sonpur, District Nagpur within four weeks.

(R.M. JOSHI, J.)

Wadode

Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 23/06/2025 16:49:02