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Bharat Shinde (Director)     30 September 2012

Is decree change?

Dear all,

 

Brif suit is that in HUF Vitthal having two wife Sonubai & Rajubai but no child. Sonubai & Rajubai receive property form court matter directly form Baji (father of vitthal). Then property divide between two wife 1/2 each. Rajubai sale his share to Manohar. Sonubai adopt Narayan. After adoption she retain some property him self & remaing all property in the name of adopted Narayan & his wife sakhubai. before death of Sonubai she transfer her property in the Bharat (son of Narayan). After some day's Narayan & Sakhubai sold some property. Bharat go to court for partition. He not include his property receive from Sonubai.

 

Civil suit for partition & separate passion filled in taluka court. all respondents are absent hence decree is passed in favor of plaintiff without evidence. Plaintiff fill 'Darkhast (Marathi)' due to this 'Mojni (Marathi)' & ‘kabja’ (passion) stage start but this stage stopped by stay order till further order of District court. Mean while respondents are going to appeal in District court after 90 day's by limitation act. District court accepts appeal & order to taluka court to revise (merit) the suit with written statement & evidence before three months.

                 

Is the decree change? I will share all matter in further discussion.



Learning

 3 Replies

Bharat Shinde (Director)     30 September 2012

Please replay ASAP because last date of District court order are near.

Bharat Shinde (Director)     01 October 2012

1). Suit not suffers from non-jionder of necessary parties.

2). Suit is not bad for non-inclusion of all properties of joint family.

3). Plaintiff prove that the suit lands are joint family properties consisting of himself & defendants.

4). Plaintiff prove that his land was absolute property of deceased Sonubai and he become absolute owner of the same after demise of sonubai.

5). Defendants not prove that the portions out of the suit lands were sold out for legal necessity.

6). Plaintiff entitled for partition ans separation of his share.

In my views above statement are true (yes) then decree not change. Otherwise it depends on your ws, say & arguments etc. *****

Bharat Shinde (Director)     05 October 2012

1) Suit is dismiss with cost.

2) Decree passed  accordningly.

Can I apeal ?


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