Ajit Ashok Bhosale And Anr vs Vidya Prasad Jadhav And Ors
2021 Latest Caselaw 9739 Bom

Dusane                                        1/2               28 wp 1786.2020.doc

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.1786 OF 2020



     Ajit Ashok Bhosale & Others                    ....   Petitioners

             Vs.

     Vidya Prasad Jadhav                            ....     Respondent


     Mr. A.V. Anturkar, Senior Advocate i/by Yatin Malvankar for Petitioners.
     Mr. P.S. Dani, Senior Advocate i/by Sarang Aradhye for Respondent
     No.1.
     Mr. S.S. Kanetkar for Respondent Nos. 2 to 5.




                                         Coram : NITIN W. SAMBRE, J.

Date : 26th JULY, 2021

P.C.:

1. The order of injunction passed by the Appellate below is

subject matter of challenge.

2. Mr. Anturkar, learned Senior Counsel appearing for

Petitioner/Defendant No.1 would urge that 1/6th share of the

Respondent/Plaintiff cannot be disputed in view of Amendment to

Dusane 2/2 28 wp 1786.2020.doc

Section 6 of the Hindu Succession Act. Based on the judgment of the

Apex Court in the matter of Vineeta Sharma Vs. Rakesh Sharma and

Others, reported in 2020 9 S.C.C., page 1, he would urge that the

settlement, as was drafted and not agreed to can be reconsidered. In

the meantime, it shall be open for the Plaintiff and Defendant Nos. 3 to

6 to take instructions on identifying 1/6th share of the Petitioners, so

also the original Plaintiff.

3. Parties hereto are in agreement with the aforesaid proposal

can be looked into.

4. In view of above, the Petition is adjourned for further

hearing on 17th August, 2021.

( NITIN W. SAMBRE, J. )