Subash Bapurao Kalokhe vs Varsha Sunil Sable
2023 Latest Caselaw 8854 Bom

2023:BHC-AUG:18592
                                                   1                   912-SA.286-23+1.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                     912 SECOND APPEAL NO.286 OF 2023
                                     WITH CA/6334/2023 IN SA/286/2023

                                           SUBASH BAPURAO KALOKHE
                                                   VERSUS
                                              VARSHA SUNIL SABLE

                                                   ...
                     Advocate for Appellant : Mr. Sanket Kulkarni h/f Mr. Rode D.B.
                                                   ...

                                                 CORAM :    S. G. MEHARE, J.
                                                 DATE :     29.08.2023

                     PER COURT :-


                     1.      Heard the learned counsel for the applicant.


                     2.      The respondent/daughter had filed a suit for partition in

                     2012. The suit was decreed and appeal was also dismissed.


                     3.      Learned counsel for the applicant would submit that the

                     present appellant No.1 transferred the land measuring 1

                     Hector 60 R. in favour of appellant No.2, who was his wife.

                     Learned counsel for the appellant would submit that

                     substantial question of law is involved in this case. If the

                     interim protection is not granted, the very purpose of the

                     appeal would be infructuous.


                     4.      Perused the impugned judgment and orders. Prima facie

                     it appears that the respondent/daughter has a right to claim



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                                      2                        912-SA.286-23+1.odt


     the partition in the ancestral property. However, considering

     the facts and circumstances of the case, the following order is

     passed :

                                     ORDER

(i) The execution, implementation and effect of the

impugned judgment and orders be stayed to the

extent of the share which appellant No.2/wife

would get from the share of appellant

No.1/husband till the appearance of the

respondent.

(ii) Issue notice to the respondent before admission,

returnable on 09.10.2023.

(S. G. MEHARE, J.)

...

vmk/-