[email protected] Ramrao Ingale And ... vs Ashok Baburoa Jare And Ors
2021 Latest Caselaw 15130 Bom

Osk                                                         37-IA-349-2019.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 349 OF 2019
                                   IN
                      SECOND APPEAL NO. 148 OF 2021

Shalini @ Shalan Ramrao Ingale & Ors.        ... Applicants/Appellants
      V/s.
Ashok Baburoa Jare & Ors.                    ... Respondents


Mr.Ashutosh Kulkarni i/b. Mr.Vaibhav Gaikwad for Applicants/Appellants.
Mr.Nikhil Wadikar i/b. Mr.Nandu Pawar for Respondent Nos.2 & 3.


                                        CORAM : A.S. GADKARI, J.

DATE : 20th October 2021.

P.C. :

1. Heard learned counsel for the respective parties.

2. At the outset, learned counsel for the Respondent Nos.2 and

3/Original Defendants, submitted that, the Appellants/Original Plaintiffs

along with their mother, had relinquished their rights from suit property

described in para No.1C of the plaint, much prior to institution of the suit. He

submitted that, proviso to Section 6 of the Hindu Succession Act protects such

a disposition effected prior thereto.

3. In view thereof, the effect and implementation of the impugned

Judgment and Order dated 15th April 2019 passed in Regular Civil Appeal No.

18 of 2017 is stayed except for the suit property described in para No.1C of

Osk 37-IA-349-2019.odt

the plaint and more specifically mentioned in para No.3 of the impugned

Judgment and Order.

4. Interim Application is accordingly disposed off.

                                                                         [A.S. GADKARI, J.]




              Digitally signed
              by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date: 2021.10.21
              15:50:07 +0530