Nirmalbai Vasudeo Mahajan v. Ramchandra Yadav Mali (Mahajan) And Others

Ramchandra Yadav Mali (Mahajan) APPELLANT Nirmalbai Vasudeo Mahajan and Others RESPONDENTS Mr. Siddhartha B. Yawalkar, Advocate for the appellant Mrs.Warma h/f Mr. B. R. Warma Advocate for respondent No.1. Heard learned advocates for the parties.

Upon hearing, a question that may fall for consideration as substantial question of law is as under:

"While mutation entries were effected in 1983 after death of husband of plaintiff with an intention that plaintiff shall not get share in the joint family property and she had been driven out of the house and some properties were sold, whether the suit instituted for partition by the plaintiff can be said to be within limitation for the reason that a notice had been issued seeking partition and in response to the same there had been refusal to partition?"

3.

Admit.

4.

Mrs. Warma, learned advocate waives notice for respondent No.1.

CIVIL APPLICATION NO.1214 OF 2016 IN Ramchandra Yadav Mali (Mahajan) APPLICNAT Nirmalbai Vasudeo Mahajan and Others RESPONDENTS Mr. Siddhartha B. Yawalkar, Advocate for the applicant Mrs.Warma h/f Mr. B. R. Warma Advocate for respondent No.1. Execution proceedings, if any, may be proceeded with, save delivery of possession.

Civil application stands disposed of.

CIVIL APPLICATION NO.15437 OF 2016 IN Nirmalbai Vasudeo Mahajan APPLICNAT Ramchandra Yadav Mali (Mahajan) and Others RESPONDENTS Mrs.Warma h/f Mr. B. R. Warma, Advocate for the applicant Mr. Siddhartha B. Yawalkar, Advocate for respondent No.1. Heard learned advocates for the parties.

For the reasons contained in civil application, the same stands granted in terms of prayer clause "B". 3.

Civil application stands disposed of.