Sou. Anita Vijay Gadekar v. Vijay Kisan Mali

34-AO-160-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 160 OF 2025 WITH INTERIM APPLICATION NO. 3293 OF 2025 IN APPEAL FROM ORDER NO. 160 OF 2025 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.03.07 11:13:53 +0530 MANGALTAI JAYWANT JADHAV Anita Vijay Gadekar and Ors.

... Appellants/Applicants vs.

Vijay Kisan Mali and Anr.

... Respondents Mr. Sachin Gite for the Appellants/Applicants. CORAM : GAURI GODSE, J.

DATED : 3rd MARCH 2025 ORDER :- 1.

Heard learned counsel for the appellants.

2.

Issue notice to the respondents, returnable on 11th June 2025. 3.

In addition to Court notice, learned advocate for the appellants to serve the respondents, by private notice and file affidavit of service.

4.

The appellants are seeking their undivided share in the property on the ground that it is an ancestral joint family property. Appellant no.1 is wife of respondent no.1 and appellant nos.2 and 3

34-AO-160-2025.doc are their children.

5.

Prima facie, the appellants would be entitled to seek their share in the suit property. Hence, if any third party rights are created the appellants' rights are likely to be prejudically affected. 6.

Hence, during the pendency of the application, there will be ad-interim relief in terms of prayer clause (c). 7.

Considering the relation between the parties and the nature of dispute, I am of the opinion that the parties should make one genuine attempt to resolve the dispute amicably. The parties are, therefore, at liberty to explore possibility of amicable settlement before the next date.

(GAURI GODSE, J.)