Bombay High Court
Sangeeta Shashikant Rane And Anr vs Taramati @ Geetanjali Sahadeo ... on 3 January, 2023
Bench: S. K. Shinde
29-IA-1773-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1773 OF 2022
IN
FIRST APPEAL NO.886 OF 2000
Sangeeta Shashikant Rane and Anr. ...Applicants
IN THE MATTER BETWEEN
Smt. Sangeeta Shashikant Rane & Anr. ...Appellants
Vs
Taramati @ Geetanjali Sahadeo Sawant
and Ors. ...Respondents
Mr. Pradeep Thorat, for the Applicants.
Mr. Sumeet Moholkar, for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : JANUARY 3, 2023.
P.C. :
Applicants were Plaintiffs, in Long Cause Suit
No.1324 of 1990. Smt. Sangeeta Shashikant Rane- Applicant
No.1 (Plaintiff No.1) is mother of Applicant No.2. Smt.
[email protected] Sahadeo Sawant- Respondent No.1
(Defendant No.1) was first wife of, Shashikant Rane. Applicants
case is, in or around, January, 1985, Shashikant and Defendant
No.1 dissolved their marriage by mutual consent, as per the
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customs and usages prevailing in family and community.
Thereafter, on 16th February, 1985, applicant no.1 married to
Shashikant, as per the Hindu vedic rights. Applicant no.2
(Plaintiff No.2) was born on 21 st March, 1986 out of the said
wed-lock. Shashikant Rane, was employed with M/s. May and
Baker (India) Ltd. (Respondent/Defendant No.2). Shashikant,
expired on 17th September, 1989. Thereafter, in March, 1990,
applicants instituted Long Cause Suit No.1324 of 1990 in the
Bombay City Civil Court, at Bombay, to seek declaration, that
Smt. Taramati @ Geetanjali S. Sawant, Respondent No.1 was
not entitled to claim and/or to receive legal dues from the
employer of Shashikant Rane and further sought a declaration,
that whatever amount that was received by the Respondent
No.1 after the demise of Shashikant Rane shall not be
appropriated by her alone. In paragraph 19 of the plaint,
plaintiffs would assert that Room No. 2801 in Building No.93 of
Pantnagar Sai Bhavan CHS ('Flat' for short) was self-acquired
property of late Shashikant. Plaintiffs would assert that the
Respondent No.1 has no exclusive right and/or interest over
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and in respect of the said flat, though, flat was transferred by
the housing society in her name after Shashikant's demise.
Plaintiffs would assert their right over the movable and
immovable property left behind by late Shashikant in exclusion
of Respondent No.1. In the consequence, applicants sought
decree to declare, their rights, including right of maintenance
from the property left behind by late Shashikant. The trial
Court, recorded the finding that, plaintiffs could not prove, that
late Shashikant Rane, divorced respondent no.1 during his life-
time as per the customs and, thereafter marriage to plaintiff
no.1 solemnised on 16th February, 1985 could not be affirmed.
In wake of this findings, plaintiff no.1 was simply held entitled,
for maintenance out of the estate of the deceased till she
remained chaste and till her re-marriage. Likewise, plaintiff no.2
was held entitled to claim maintenance from the estate of her
deceased father till her marriage. However, learned Trial Court
did not acknowledge plaintiffs' right over and in respect of the
said flat.
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2 Feeling aggrieved by the decree passed by the trial
Court, the First Appeal was filed in August, 2000. Pending
appeal, this Court vide order dated 3 rd October, 2000 restrained
the respondent from transferring Room No.2801 (flat) or from
inducting any person therein, which was in her possession.
3 Pending appeal, building in which the flat was
situated was redeveloped by the Housing society, in terms of
re-development agreement. As a result, certain monetary
benefits have been granted to the members of said Housing
society, like Hardship Compensation, etc. M/s. HS Group
(Respondent No.4) has been appointed as developer.
4 In view of above developments pending First Appeal,
applicants have moved this application, seeking diverse reliefs,
including order to restrain the society and developer
(Respondent Nos.3 and 4) from disbursing any money or other
monetary benefits to the respondent no.1 on account of re-
development of Room No.2801.
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5 Respondent No.1 opposed the application by filing
affidavit-in-reply.
6 That vide order dated 21st April, 2022,
Respondent/Society and the developer were restrained form
disbursing, 'hardship compensation', to the Respondent No.1.
7 Heard learned counsel for the Parties. Perused the
impugned judgment, plaint and affidavit-in-reply filed by the
respondent no.1.
8 Assuming the marriage of the plaintiff no.1 with
Shashikant Rane was void, nevertheless, the plaintiff no.2,
daughter born to Shashikant is legitimate daughter, in terms of
Section 16 of the Hindu Marriage Act, 1955 and Class I legal
heir under Section 8 of the Hindu Succession Act, 1956 of late
Shashikant. Visibly, the Room No.2801 (Flat) was the self-
acquired property of late Shashikant. Plaintiff No.2-daughter of
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Shashikant is class-I heir and thus, entitled to succeed interest
therein with the respondent no.1. The said flat being, 'estate' of
the deceased, she is equally entitled to claim and receive
income and/or monetary benefit accrued and/or arising from the
said flat/room. The said flat/room was/is in occupation of the
respondent no.1. It is not in dispute that the developer has
agreed to pay 'hardship compensation' to the respondent no.1
being heir of Shashikant.
9 In consideration of above facts, right of the
applicant no.2 (Daughter) in the, amount of hardship
compensation cannot be denied to her.
10 For the reasons stated above to secure interest of
parties, it would be expedient to direct the Respondent No.3-
Society and the Respondent No.4, i.e., M/s. HS Group, to
deposit the, hardship compensation amount in the Registry of
this Court within six weeks from the date, this order is
uploaded on the portal of the High Court.
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11 Learned counsel for the applicants shall
communicate this order to the Respondent No.3 and 4.
12 List the Application for further consideration on 24 th
February, 2023.
(SANDEEP K. SHINDE, J.)
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