Sindhutai Vinayakrao Wankhade v. Rekhatai Udhavrao Takarkhede

2023:BHC-NAG:15572 40-CAS 1403-23 in SA 365-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.

IN SECOND APPEAL NO. 365 OF 2023 SINDHUTAI VINAYAKRAO WANKHADE ...VERSUS...

REKHATAI UDHAVRAO TAKARKHEDE ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.P.Kalmegh, Advocate for appellant.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

As the notices are yet to be issued, the application is allowed.

2.

Necessary amendment to be carried out forthwith. 3.

Accordingly, the application stands disposed of. SECOND APPEAL NO. 365 OF 2023 Issue notice to the respondent, returnable within three weeks, on the following substantial questions of law:- "(i) Whether the learned Courts below are justified in overlooking that the source of income is necessary concomitant to determine the ownership of property ?

(ii) Whether the learned Courts below were justified in holding that the deceased father of the appellant Shri Laxmanrao Takarkhede is absolute owner of the suit property and thereby competent to dispose of the same as per his own wish ?

40-CAS 1403-23 in SA 365-23.odt (iii) Whether the learned Courts below were justified in holding that the suit property is not ancestral property ?" CIVIL APPLICATION (CAS) NO.

Issue notice to the respondent, returnable within three weeks.

2.

In the meanwhile, the parties to maintain status-quo as on today.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar