Shri.Jyotiba S/O Hanamantrao Ghorpade v. Smt.Tanabai W/O Anantrao Bagal
Case brief
What is this about?
Remand for evidence; opportunity for defendants to enter witness box and face cross-examination; failure to depose led to decree being set aside; partition and separate possession suit among heirs of Hanmantrao Ghorpade; written-statement plea of prior partition of 1984; self-acquired property contention; subsequent purchasers defendant Nos.8 and 9; future profits enquiry under Order 21 Rule 12(1)(c) CPC; appeal under Section 96 with Order 41 Rules 1 and 2 CPC; decree quashed and set aside to enable further evidence; cost of Rs.5,000 on remand; appearance fixed 05.01.2026 before Senior Civil Judge and JMFC, Bilagi.
What did the court decide?
Appeals allowed in part; impugned judgment and decree dated 29.03.2019 in O.S.No.15/2013 quashed and set aside only to enable defendant Nos.1 to 7 to enter the witness box, examine themselves and be cross-examined by the plaintiffs, with liberty to the plaintiffs to lead further evidence; parties to appear before the Senior Civil Judge and JMFC, Bilagi on 05.01.2026; cost of Rs.5,000/- imposed on appellants in RFA No.100281/2019 payable to the plaintiffs on the first date of hearing on remand.