Ramdas Ganu Misal And Ors vs Latabai Alias Geetabai Narayan
2022 Latest Caselaw 813 Bom

                                                                              930.SA.29.22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            SECOND APPEAL NO.29 OF 2022
                           WITH CA/610/2022 IN SA/29/2022

                         RAMDAS GANU MISAL AND ORS.
                                       VERSUS
                        LATABAI ALIAS GEETABAI NARAYAN
                                          ...
                     Advocate for Appellants : Mr. Kadu Shivraj B.
                                          ...
                                  CORAM       :   MANGESH S. PATIL, J.

                                    DATE     :    20.01.2022
PER COURT :

Though the suit for partition and separate possession was dismissed by the trial court the appellate court by the judgment and order under challenge has decreed the suit partly, however, again remanded the matter to the trial court with following observation:

"23. In view of the above discussion, the appeal deserves to be allowed partly. However, I make it clear that if in the trial Court the plaintiff fails to prove the four boundaries of the above two properties, it is open for the trial Court to dismiss the suit for partition, separate possession and recovery of possession. On the contrary, if the plaintiff succeeds in view of above discussion, the only option left to the trial Court is to draw a preliminary decree for partition, separate possession and for recovery of possession. Here, in this matter, the recovery of possession of half share is also dependent on the partition of 30R land."

2. Issue notice to the respondents, returnable on 03.03.2022. Till then execution and operation of the judgment and order under challenge shall stand stayed.

(MANGESH S. PATIL, J.) habeeb