Shashikant Dnyanu Bavdhankar v. Yashwant Dattatray Bavdhankar (Deceased) 1 Indu Yashwant Bavdhankar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 697 OF 2018 WITH CIVIL APPLICATION NO. 1579 OF 2018 Dnyanu Dattu Bavdhankar ...

Applicants (Deceased through LRS) Ishant Abai Dnyanu Bavadhankar Vs.

Yashwant Dattatray Bavdhankar ...

Respondents (Decd) Indu Yashwant Bavdhankar WITH INTERIM APPLICATION NO. 3839 OF 2025 INTERIM APPLICATION NO. 3833 OF 2025 INTERIM APPLICATION NO. 3830 OF 2025 INTERIM APPLICATION NO. 3824 OF 2025 INTERIM APPLICATION NO. 3822 OF 2025 IN SECOND APPEAL NO. 697 OF 2018 Shashikant Dnyanu Bavdhankar ...

Applicants Vs.

Yashwant Dattatray Bavdhankar ...

Respondents (Decd) Indu Yashwant Bavdhankar Ms. Anjali R. S. Baxi for the Appellant.

Mr. Surel Shah, Senior Advocate i/b. Mr. Aditya Raktade for Respondent Nos. 1 to 44.

by RAJESHWARI RAMESH PILLAI Date:

2025.03.19 22:18:13 +0200 RAJESHWARI RAMESH PILLAI 1/4

CORAM : GAURI GODSE, J.

DATE :

18th MARCH 2025 ORDER :

1.

By order dated 25th June 2019 following order was passed : Heard learned counsel for the appellants. Issue notice to the respondents, returnable on 20/08/2019 2.

The present Appeal involves the following substantial question of law :

"When the evidence on record indicates that the other members of the joint family were not residing as joint family and having their own source of income, whether the Courts bellow committed an error in arriving at the finding that the agricultural lands are purchased out of joint family funds ?

2.

Substantial question of law is already framed. The second appeal is therefore admitted on the aforesaid questions of law. 3.

Service is waived on behalf of respondent nos. 1 to 44. Interim Application No. 3824 of 2025 4.

Issue notice to respondent nos. 21(i) to 21(iv) returnable on 5.

appellants to serve respondent nos. 21(i) to 21(iv) by private service 2/4

Interim Application No. 3830 of 2025 6.

Issue notice to respondent nos. 19A to 19E returnable on 7.

appellants to serve respondent nos. 19A to 19E by private service Interim Application No. 3833 of 2025 8.

Issue notice to respondent nos. 31(a) to 31(c) returnable on 9.

appellants to serve respondent nos. 31(a) to 31(c) by private service Interim Application No. 3889 of 2022 10.

Issue notice to respondent nos. 17E(1) to 17E(3) returnable on 11th July 2025.

11.

appellants to serve respondent nos. 17E(1) to 17E(3) by private service and file service affidavit before the next date. 3/4

Issue Application No. 3822 of 2025 12.

Issue notice to respondent nos. 20/1 to 20/4 returnable on 13.

appellants to serve respondent nos. 20/1 to 20/4 by private service Civil Application No. 1579 of 2018 14.

Rule on interim relief in terms of prayer clause (a) is made returnable on 11th July 2025.

15.

Learned Advocate for respondent nos. 1 to 44 waives notice. 16.

appellants to serve the remaining respondents by private service 17.

Order dated 25th June 2019 to continue till further orders. [GAURI GODSE, J.] 4/4