Ruben Fernasis Pinto v. Pandurang Chitaman Naik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 306 OF 2017 WITH CIVIL APPLICATION NO. 639 OF 2017 INTERIM APPLICATION NO. 7971 OF 2024 INTERIM APPLICATION NO. 7976 OF 2024 Shri Jagdish Govind Farade (Shelar) ...

Appellants/Applicants and Others Vs.

Smt. Shewanta Pandu Mhatre and Ors. ...

Respondents Mr. Rushikesh G. Bhagat a/w. Mr. Rohit P. Mahadik i/b. M/s. Khandeparkar and Associates for the Appellants/Applicants. Mr. D. V. Sawant a/w. Mr. Priyank Kulkarni i/b. P. S. Chambers for Respondent Nos. 2 to 5, 7, 9 and 10.

CORAM : GAURI GODSE, J.

DATE :

25th APRIL 2025 ORDER :

1.

Heard learned counsel for the parties. The second appeal is admitted on the following substantial questions of law : (i) Considering the proceeding under Section 32G of The Bombay Tenancy and Agricultural Lands Act, 1948 where Balaji was referred to as Karta of the Hindu Undivided Family, by RAJESHWARI RAMESH PILLAI Date:

2025.05.03 00:28:07 +0200 RAJESHWARI RAMESH PILLAI 1/4

whether the certificate issued under Section 32M would be sufficient to hold that it was self acquired property of Balaji ? (ii) In view of the evidence on record, whether Hasha can be held as the original tenant and thus the suit property being ancestral property, whether the branch of Krushna i.e. son of Hasha would also be entitled to seek partition and separate possession?

2.

Learned Advocate for the respondents nos. 2 to 5, 7, 9 and 10 waives notice for respondents.

3.

In addition to court notice, learned Advocate for the appellants to serve the remaining respondents by private service and file service affidavit.

4.

Call for record and proceedings.

5.

Printing is dispensed with.

6.

Learned Advocate for the appellants shall file private paper book within one year from today.

Interim Application No. 7976 of 2024 7.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 6. 8.

Notice is already issued to the heirs and legal representatives 2/4

of deceased respondent no. 6. Office report records that court notice is issued to respondent nos. 6(a) to 6(c), but service report is awaited.

9.

Stand over to 11th August 2025.

Interim Application No. 7971 of 2024 10.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 1. 11.

Notice is already issued to the heirs and legal representatives of deceased respondent no. 1. Office report records that court notice is issued to respondent nos. 1(a) to 1(d), is served. 12.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause (a). Amendment to be carried out within four weeks. Civil Application No. 639 of 2017 13.

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

14.

Learned Advocate appearing for respondents waives notice in the second appeal and interim application, for the respective respondents.

3/4

15.

During pendency of the application, the parties shall not create any third party rights in respect of the suit property. [GAURI GODSE, J.] 4/4