Prakash Rama Sawant @ Acharekar ... vs Yashwant Rama Sawant @ Acharekar ...
2017 Latest Caselaw 7752 Bom

                                                                                                                                       SA 637-16.doc



Anand                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                                              SECOND APPEAL NO.637 OF 2016
                                                         WITH
                                            CIVIL APPLICATION NO.1291 OF 2016
                                                           IN
                                              SECOND APPEAL NO.637 OF 2016

         1.             Prakash Rama Sawant alias Acharekar                                                                     .Appellants /
         2.             Jankibai Rama Sawant alias Acharekar                                                                     Applicants
         3.             Pandharibai Raghunath Gawas
         4.             Sanjivanee Dashrath Gawas

                                                     Vs.

         1.             Yashwant Rama Sawant alias Acharekar                                                                    .Respondents
         2.             Madhuri Manohar Naik
         3.             Radha Krishna Gawade

         Mr. A. S. Gawas, Advocate, for the Appellants/Applicants
         Mr. A. A. Gharate, Advocate, for the Respondent Nos.1 to 3

                                        CORAM                           :               REVATI MOHITE DERE, J.

                                        DATE                            :               03.10.2017


         ORAL JUDGMENT


         .                              Heard learned counsel for the parties.



         2.                             Rule.

3. Rule is made, returnable forthwith with the consent of the

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parties and is taken up for final disposal.

4. By this Appeal, the Appellants have impugned the

Judgment and Order dated 10.01.2014 passed by the learned Jt.C.J.J.D.,

Sawantwadi in R.C.S.No.91 of 2010 as well as the Judgment and Order

dated 30.09.2015 passed by the learned Principal District Judge,

Sindhudurg - Oros in R.C.A.No.37 of 2014.

5. Learned counsel for the Appellants on instructions states

that the Appellants have no objection to the partition of the properties

mentioned in Schedules 'A' & 'B' of the plaint. He submitted that in fact,

partition has been effected of the properties mentioned in Schedules

'A' & 'B'.

6. Learned counsel for the Respondents states that the

Appellants are not co-operating with the partition of the properties

mentioned in Schedules 'A' & 'B'. Learned counsel for the Appellants

states on instructions states that the Appellants are co-operating and will

co-operate with the partition of the properties mentioned in Schedules

'A' & 'B'. Statement accepted.

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7. As far as the house property mentioned in Schedule 'C' i. e.

House No.218 situated at village - Ghodage, Taluka - Dodamarg,

District - Sindhudurg is concerned, learned counsel for the Appellants

states that the Appellant No.1 is staying in the said premises alongwith

the Appellant No.2, who is aged about 81 years. He submits that if

partition is effected during the life time of the Appellant No.2, the

Appellant No.2 will get a very small portion of the said property,

causing inconvenience and tremendous hardship to her. Learned counsel

for the Respondents on instructions makes a statement that during the

lifetime of the Appellant No.2, the Respondents will not insist / have the

said property partitioned mentioned in Schedule 'C'. Statement accepted.

8. Both, learned counsel for the Appellants and the learned

counsel for the Respondents state, that neither the Appellant No.1 nor

the Respondents will have any objection, if the said property mentioned

in Schedule 'C' is partitioned after the demise of the Appellant No.2.

Statements accepted. Accordingly, the said property mentioned in

Schedule 'C' shall not be partitioned during the life time of the Appellant

No.2. In view of the aforesaid, nothing survives for consideration in the

aforesaid Appeal and accordingly, the same is disposed of on the

aforesaid terms.

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9. In view of disposal of the Second Appeal, the Civil

Application does not survive and same stands disposed of accordingly.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)

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