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Nandkishor Bodkhe   13 February 2024

Can we register decree now to the sub registrar we had already appeal in bombay high court

According to the order of the District Judge, Kalpana Prakash Ippar has the share on the gut number 58/A/4, 58/B/4, 82/2, 57 and 3. Regular civil appeal No.144/2010 in the District Cour, Niphad was filed on 03/12/2010 by plaintiff Sitabai Damodhar Bodke, Nandkishore Damodhar Bodke, Kalpana Prakash Ippar and Sarla Damodhar Bodke.

 1. The judgment of the said claim was given on 30/08/2023. Order that Kalpana Prakash Ipar be given 5th share in joint paternal property (all the properties mentioned in the suit) The Hon. District Court granted Order No. 2 Page No. 19 & 20.

2. In the allotment of Bhimaji Bodke's land as per Record No. 156 of 1991, the defendant Tulsabai Damodhar Bodke illegally acquired some of the share of Damodhar Bhimaji Bodke in his own name. The said land belongs to a Hindu joint family. Regarding this Hon. The District Court in its order has clearly mentioned that the said land is ancestral and the respondent (Tulsabai Damodhar Bodke) has not produced any evidence that the said land was acquired by her own efforts. (Issue No. 25 and 26 Page No. 13 and 14)

3. We request you that no alteration should be made on the said group without our consent, debt should not be burdened and the transaction of purchase and sale would be illegal and The order of the Hon. District Court will be defied.

4. Plaintiff Sitabai Damodhar Bodke, Nandkishore Damodhar Bodke and Sarla Damodhar Bodke Appealed to the Bombay High Court. The verdict is pending.

Now we want to register decree now to the sub registrar we had already appeal in Bombay high court

i have attached court order please guide me 

Read more at: https://www.lawyersclubindia.com/forum/create_message.asp



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 February 2024

Since there's an appeal against the first appeal is pending before high court the registrar will not entertain to register the decree till the disposal of the appeal pending before high court 

Dr. J C Vashista (Advocate )     14 February 2024

What is the opinion and advise of your lawyer, who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your questions ?

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