Baliram S/O Tukaram Rode v. Sau. Mohana W/O Ramdas Dhabale and Another
Partition – Suit for partition and separate possession
Case brief
What is this about?
Second Appeal No.300/2025, High Court of Judicature at Bombay, Nagpur Bench (2026:BHC-NAG:5224), decided 01/04/2026 by Rohit W. Joshi, J. Baliram s/o Tukaram Rode (Defendant No.1, appellant; Mr. P.D. Sharma, Advocate) versus Mohana w/o Ramdas Dhabale (original Plaintiff, Respondent No.1) and Bayna w/o Mahadeo Kapse (original Defendant No.2, Respondent No.2). Challenge to concurrent decrees for partition and separate possession of Survey No.653 (3.77 HR, village Bela, Tah. Umrer, Dist. Nagpur): trial court decree dated 27/02/2015 by Joint Civil Judge, Junior Division, Umrer in Regular Civil Suit No.14/2010; first appellate judgment/decree dated 17/06/2017 by Ad hoc District Judge – 6, Nagpur in Regular Civil Appeal No.173/2015 (described as partly allowing and modifying the trial decree, and also recorded as dismissing the first appeal). Held: no evidence of the pleaded family partition during consolidation proceedings; defendant No.1 failed to prove his case; no substantial question of law; Second Appeal dismissed with no order as to costs.