Sharmila Datta Kulkarni And Ors vs Datta Govind Kulkarni And Ors
2021 Latest Caselaw 1579 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                   SECOND APPEAL ST. NO. 36145 OF 2018

Sharmila d/o Datta Kulkarni & others                        Appellants

       Versus

Datta s/o Govind Kulkarni & others                          Respondents

Mr. S.P. Pandav, Advocate for the appellants.
Mr. R.K. Ashtekar, Advocate for respondents No. 3 and 4.

                                CORAM : M.G. Sewlikar, J.

                                DATE     : 22nd January, 2021.


PER COURT :

1. Heard Shri Pandav, learned counsel for the appellants

and Shri Ashtekar, learned counsel for respondents No. 3 and 4.

2. On going through the appeal, it is seen that the

appellants have challenged the judgment and decree passed by the

First Appellate Court which confrmed the judgment and decree

dated 01.07.2011 passed by the learned Civil Judge, Junior Division,

Ausa in Regular Civil Suit No. 49/2005.

3. Second appeal is preferred only on the ground that the

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suit for partition is dismissed as both the Courts below held that the

land was sold for legal necessity. Learned counsel Shri Pandav

submitted that both the Courts below committed a gross error in

holding that the suit property was sold for legal necessity. The legal

necessity as alleged was for the payment of hand loan and for

medical treatment of wife of appellant No. 1. It is held by both the

Courts below that the legal necessity is proved.

4. On going through the judgment of both the Courts below,

this Court does not fnd that the trial Court or the First Appellate

Court has committed any error in rendering the fnding. In view of

this, no substantial question of law is raised in the appeal. Hence,

the second appeal stands dismissed.

5. Pending civil application, if any, does not survive and

stands disposed of.

( M. G. SEWLIKAR ) Judge

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