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Bombay High CourtCAS/930/2025ca disposed off

Govinda Madhav Kale And Others v. Hiraji S/O Madhav Kale

2025-09-25Hon'Ble Shri Justice Rohit Wasudeo Joshi1 pages

50.sa.281.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.281 OF 2025 Govinda Madhav Kale and others .Vs. Hiraji S/o Madhav Kale Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Kirti Satpute, Advocate for appellants.

CORAM : ROHIT W. JOSHI, J.

DATE : 25/09/2025 1.

Issue notice to the respondent, returnable on 15.10.2025, on the following substantial question of law :- "Has not the learned First Appellate Court erred in law in failing to take into consideration the settled legal principle that proof of nucleus gives rise to presumption that property purchased in name of any member of joint Hindu Family is in fact property of the joint Hindu Family and not of the individual member in whose name it is purchased ?"

CIVIL APPLICATION (CAS) NO.930 OF 2025 2.

In view of the fact that the notice is issued in the appeal by framing a substantial question of law, the parties are directed to maintain status quo with respect to the suit property, till next date.

3.

Humdast allowed.

(ROHIT W. JOSHI, J.) C.L. Dhakate