Sou Dhondibai Alias Tanubai Jivaba Patil Since Deceased v. Sou Dhondu Alias Dhondibai Yallappa Patil Since Deceased

46 sa 306 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.306 OF 2025 WITH INTERIM APPLICATION NO.7383 OF 2025 Dhondibai @ Tanubai Jivaba Patil (deceased) through LRs Shakuntala Baliram Bhosale and Ors.

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Appellants versus Dhondu @ Dhondibai Yallappa Patil (deceased) through LRs Ananda Yallappa Patil and Ors.

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Respondents Mr. Omkar Kulkarni i/by Mr. Ganesh Palve, for Appellants. CORAM: N.J.JAMADAR, J.

DATE :

13 JUNE 2025 P.C.

1.

Heard the learned Counsel for the Appellants. SWAROOP SHARAD PHADKE 2.

The following substantial questions of law arise for determination : by SWAROOP SHARAD PHADKE Date: 2025.06.16 12:30:14 +0530 (i) Whether the learned District Judge was in error in returning a finding that the Plaintiff was entitled to 1/3 share in the suit property, though the father of the Plaintiff had passed away on 21 February 1933 before the enactment of Hindu Succession Act, 1956 ? (ii) Whether the Appellate Court was correct in holding that the then prevailing Hindu Law was in derogation of the Hindu Waarsacha Nibandh of Kolhapur Princely State, under which the daughters were not entitled to succeed to the estate of a Hindu male and, in the SSP 1/2

46 sa 306 of 2025.doc absence of a son, the estate would devolve on the widow of the male Hindu ?

3.

Issue notice to the Respondents, returnable on 8 August 2025. 4.

In addition to notice through Court, the Appellants are at liberty to serve the Respondents by private service and file an affidavit of service. 5.

Call R and P.

6.

Printing dispensed with.

7.

Appellants shall file private paper book within a period of eight weeks. Interim Application No.7383 of 2025 8.

The Appeal deserves consideration on the substantial questions of law formulated above. Since the entitlement of the Respondents - Plaintiff is debatable, it may be expedient to stay the execution and operation of the impugned judgment till the application is decided after providing an opportunity of hearing to the Respondents.

9.

Issue notice to the Respondents, returnable on 8 August 2025. 10.

In addition to notice through Court, the Appellants/Applicants are at liberty to serve the Respondents by private service and file an affidavit of service.

11.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (a) of the Application.

( N.J.JAMADAR, J. ) SSP 2/2