Mahananda Baburao Kalge And Ors vs Sarika @ Sangita Santosh Mathpati
2023 Latest Caselaw 12731 Bom

Bombay High Court

Mahananda Baburao Kalge And Ors vs Sarika @ Sangita Santosh Mathpati on 13 December, 2023

Author: S.G. Mehare

Bench: S.G. Mehare

                                                            43-sa-575-2023.odt
                                    (1)


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   SECOND APPEAL NO. 575 OF 2023
                       WITH CA/14447/2023

                   Mahananda Baburao Kalge And Ors
                                 VERSUS
                   Sarika @ Sangita Santosh Mathpati
                                   ...
     Advocate for Appellants through V.C. : Mr. Kulkarni Suniket Anil
                                   ...
                                    CORAM : S.G. MEHARE, J.

DATED : DECEMBER 13, 2023

PER COURT:-

1. Heard learned counsel for the appellants.

2. The appellants have preferred the appeal before the First

Appellate Court with an application for condondation of delay of 120

days caused in preferring the appeal. However, the First Appellate

Court dismissed the application. Against the said order, the

defendants are before this Court.

3. Learned counsel for the appellants would submit that the

respondent/plaintiff has filed a partition suit; however, the present

appellants proceeded exparte. He had reasons for not appearing in

the Court. The execution proceeding has been initiated. The

appellants have received the notice from the office of TILR, Shirur

Anantpal for the measurement of partition of the land. If the

partition is done, the appellants may suffer huge loss. He prayed to 43-sa-575-2023.odt

stay the proceeding before the Deputy Superintendent of Land

Records.

4. Perused the impugned judgment and decree. The

impugned judgment and decree it reflects that the Court held that the

gift deed executed by defendant no.1 in favour of defendant no.2 is

not binding on the share of the plaintiff. The Court decreed the suit

and declared that the plaintiff was entitled to 1/7th share in the suit

property. There appears substance in the appeal.

5. Therefore, issue notice to the respondents before

admission.

6. Meantime, the Deputy Superintendent of Land Records,

Shrirur Anantpal is directed not to act upon Notice No.98/2023 dated

27.04.2023 and subsequent undated letter, till further orders.

7. Stand over to 24.01.2024.

(S.G. MEHARE, J.)

Mujaheed//

Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Date: 13/12/2023 19:27:29