Shirish Dnyandeo Shinde And Ors vs Maruti Kashyaba Shinde And Ors
2023 Latest Caselaw 1570 Bom

                                                                 911 CAS 2375.05 in SA 779.05.doc


                      Dusane
BHALCHANDRA
GOPAL
DUSANE                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2023.02.16                     CIVIL APPLICATION NO.2375 OF 2005
16:23:17 +0530
                                                     IN
                                       SECOND APPEAL NO.779 OF 2005



                      Shri. Shirish Dnyandeo Shinde             ...Applicants
                      & Ors.

                              V/s.
                      Maruti Kashyaba Shinde                    ...Respondents
                      (deceased) thru Yashwant Maruti
                      Shinde & Ors.


                      Mr. R.R. Galange for Applicants.
                      Mr. D.J. Shejul a/w Pradnya Shejul for Respondent
                      Nos. 1A to 1C.

                                               CORAM: MADHAV J. JAMDAR, J.

DATE: 15th FEBRUARY 2023

P.C.:

1. By this Civil Application, the Applicants are seeking stay to

the execution of impugned decree to the extent of handing over

possession of Gat No. 1908 bearing Regular Darkhast No. 67 of

1999.

2. Perusal of the decree passed by the First Appellate Court,

shows that following decree is passed:

911 CAS 2375.05 in SA 779.05.doc

"The appeal is partly allowed.

The impugned judgment and decree is modified as under:

The Suit is partly decreed.

It is declared that the gift deed dated 3 rd April 1993 to the extent of Plaintiff's one-fifth share in the suit property is null and void.

However, suit to the extent of claiming perpetual injunction is dismissed.

In the peculiar facts and circumstances, the parties to bear their respective costs throughout."

3. Thus, it is clear that by the decree passed by the learned

First Appellate Court, it has been declared that the gift deed

dated 3rd April 1993 to the extent of Plaintiff's 1/5th share in the

suit property is null and void. Therefore, there is no decree of

handing over possession as claimed by the Applicants.

Therefore, no relief can be granted in terms of prayer clause (b)

of the Civil Application.

4. Civil Application be heard alongwith the Second Appeal.

(MADHAV J. JAMDAR, J.)