Kundlik Ramchanda Chavan (Since Deceased) v. Kailash Kundlik Chavan

Order 2404sa157.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 157/2024.

Kundlik Ramchandra Chavan and another.

-VERSUSKailash Kundlik Chavan Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri R.D. Karode, Advocate for Appellants.

Shri S.A. Dhawas, Advocate for the Respondent. CORAM : ROHIT W. JOSHI, J.

DATE : APRIL 24, 2025.

Heard.

2.

Admit on the following substantial questions of law :

(a) Whether the property received by defendant no.1 by way of gift from his brother and relinquishment by his sister after partition, can be said to be ancestral property, although the property may be ancestral property prior to partition ?

(b) Whether the trial Court has erred in law in striking out the issue pertaining to relinquishment of share by Sakhubai - Rgd.

Order 2404sa157.24 sister of defendant no.1 and gift of property by Shalikram - brother of defendant no.1, to him, as not relevant and holding that it does not survive under Order XIV Rule 5 of the Code of Civil Procedure , and further has the learned First Appellate Court erred in law in dismissing the appeal without recording any finding on this aspect ?

Learned Counsel appearing for respondents waive notice.

...

Civil Application (CAS) No. 555/2024.

In view of admission of the appeal on aforesaid substantial questions of law, the execution of the impugned decree shall stand stayed till final disposal of the appeal.

JUDGE Rgd.