Chanda Alias Chandrakala Kondiba ... vs Anant Kondiba Borgaonkar And Ors
2021 Latest Caselaw 2160 Bom

                                                                   11.8968.14 wp.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO. 8968 OF 2014

      Chanda Alias Chandrakala Kondiba                            ....Petitioner
      Borgaonkar

              V/s.

      Anant Kondiba Borgaonkar and ors                            .....Respondents

      Mr. Purushottam Chavan for the Petitioner
      Mr. Sujeet R. Bugade for Respondents


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     FEBRUARY 2, 2021.

      P.C.:

      1]      Petitioner suffered a partition Decree, in execution of which

pursuant to legal rights conferred in favour of unmarried daughter or

a married woman under Hindu Law, an objection was raised for

modifcation of the share in execution proceedings. The Executing

Court rejected the said prayer on the ground that the issue ought to

have been raised at frst instance i.e. either in the Suit in which the

Decree was passed or in pending Appeal in which the Petitioner was

Respondent-Defendant.

11.8968.14 wp.doc

2] The submissions of learned counsel for the Petitioner are, even

in execution proceedings, it is open for a party to the Decree to seek

amendment of share if it is demonstrated that the change in the

position of law confers such right in favour of such Decree holder-

Petitioner or Judgment-debtor.

3] Learned counsel for the Petitioner submits that time be granted

to study the matter.

4]     Stand over to 08/02/2021.




                                   [NITIN W. SAMBRE, J.]