Arvind S/O Laxmanrao Watkar v. Subhangi W/O Sargam Smbhoj And Other

2025:BHC-NAG:10523 31 SA 272.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.272 OF 2025 Arvind s/o. Laxmanrao Watkar (died) thru. Lr's Kishor and ors Vs.

Subhangi Sargam Sambhoj and anr.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. P. Watkar, Advocate for appellants/defendants. CORAM : ROHIT W. JOSHI, J.

DATE : 07.10.2025.

.

The Second Appeal arises out of a concurrent decree for partition. The plaintiff is the daughter of the defendant's sister. The suit for partition was opposed on the ground that the suit property was the separate property of the defendant No. 1, which was acquired by him by virtue of Gift Deed executed in his favour by his maternal grand-mother.

2.

Apart from this, a contention was raised that the plaintiff's mother had relinquished her share in the suit property vide relinquishment deed dated 28.03.1992. 3.

As regards the first contention, both Courts have found that the alleged Gift Deed was not placed on record.

4.

With respect to the relinquishment deed, it is recorded that the plaintiff was born on 30.06.1974 and the relinquishment deed is executed on 28.03.1992 i.e.

31 SA 272.25.odt before she had attained majority. The relinquishment deed is discarded on this ground.

5.

Both the learned Courts have appreciated the evidence on record and have rightly passed decree for partition and separate possession. No substantial question of law arises for consideration.

6.

Accordingly, the Second Appeal is dismissed.

(ROHIT W. JOSHI, J.) Tanmay...