Anuradha Alias Monika Navnath Tagad vs Navnath Pandurang Tagad And Other
2023 Latest Caselaw 12249 Bom

Bombay High Court

Anuradha Alias Monika Navnath Tagad vs Navnath Pandurang Tagad And Other on 5 December, 2023

Author: S.G. Mehare

Bench: S.G. Mehare

2023:BHC-AUG:25388
                                                                                21-ao-60-2018.odt
                                                      (1)


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   APEAL FROM ORDER NO.60 OF 2018
                                  WITH CA/11613/2018 IN AO/60/2018

                              ANURADHA ALIAS MONIKA NAVNATH TAGAD
                                                 VERSUS
                               NAVNATH PANDURANG TAGAD AND OTHER
                                                     ...
                                  Advocate for Appellant : Mr. Latange V.P.
                            Advocate for Respondent No.1 : Mr. K.N. Shermale
                      Advocate for Respondent No.8 : Mr. R.C. Bora h/f Mr. R.S. Shinde
                                                     ...
                                                       CORAM : S.G. MEHARE, J.

                                                            DATED : DECEMBER 05, 2023

                 PER COURT:-

                 1.            Heard learned counsel for the appellant and learned

                 counsel for the respondents.

                 2.            It is unfortunate that this is a dispute between the minor

                 daughter and the father. The mother of the plaintiff/minor daughter

                 has been abandoned as there were matrimonial disputes.                    The

                 appellant/plaintiff had sought an injunction against the respondents

                 not to alienate the suit property till disposal of the suit.

                 3.            Learned counsel for the respondent would submit that

                 there are various properties, some of which are standing in the name

                 of her uncle.      Those properties are their independent properties

                 having no nexus with the properties allegedly claimed to be an

                 ancestral. The uncles of the plaintiff have their own properties, they

                 could not be restrained from enjoying their properties. So far as the
                                                                                                 21-ao-60-2018.odt
                                                                        (2)


                               properties standing in the name of father, those may be alienated

                               subject to the rights of the plaintiff.

                               4.                 Considering the nature of the dispute and the arguments

                               of the respective counsels, this Court is of the view that a balance may

                               be maintained to protect the rights of both parties.             Hence, the

                               following order :

                                                                     ORDER

(i) The impugned judgment and order of the 7 th Joint Civil Judge

Senior Division, Ahmednagar in Special Civil Suit No.56/2017 dated

25.07.2018 is set aside.

(ii) If the defendant/father of the plaintiff sells any of the fields

standing in his name which is a suit property would be subject to

protecting her share.

(iii) As far as the properties standing in the name of her uncle is

concerned, its sale if any properties would be subject to final decision

of the suit and that alienation of other properties transaction would

bind upon them, if the plaintiff proves that those are ancestral

properties.

(iv) In view of the above, the appeal from order stands disposed of.

(v) Civil Application No.11613 of 2018 also stands disposed of.

(S.G. MEHARE, J.)

Mujaheed//

Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Date: 05/12/2023 19:30:23