Sau. Barula W/O Namdeo Kodape v. Smt. Suman Ramaji Tekam And Others

2025:BHC-NAG:9092 1 60sa380.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [S] NO.854 OF 2025 IN SECOND APPEAL NO.380 OF 2023 [Sau. Barula w/o Namdeo Kodape .vs. Smt. Suman Ramaji Tekam and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Madhur Deo, Advocate for Appellant.

None for the respondents though served.

.................

CORAM : PRAVIN S. PATIL, J.

DATED : SEPTEMBER 15, 2025 .

1.

This court by order dated 11.6.2024 framed the substantial question of law, whether the Trial Court and Appellate Court was justified to dismiss the suit by not considering the fact that the burden was upon the respondents to show that the custom within the Gond community which exclude right of inheritance of female members in the ancestral property of father.?

2.

It is the submission of the appellant, in view of recent judgment of Hon'ble Supreme Court of India in the case of Ram Charan and Others .vs. Sukhram and others, reported in 2025 SCC OnLine SC 1465, this issue is covered and this appeal can be disposed of finally.

3.

None appeared for the respondents in the matter nor controverting any submission made by the appellant in the matter.

4.

In view of above, the application is allowed. 5.

Place the matter for final disposal on 20.9.2025. (PRAVIN S. PATIL, J.) Gulande