Vishwas Shankar Patil (Deceased ... vs Rangrao Shamu Patil And Ors
2023 Latest Caselaw 2332 Bom

                                                                                              27-sa-284-2017.doc
            Pallavi
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2023.03.13
           10:45:24
           +0530
                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION

                                                       SECOND APPEAL NO.284 OF 2017

                              Vishwas Shankar Patil
                              Since deceased through LR's
                              a. Smt. Yeshoda Vishwas Patil and Ors.                  ...Appellants
                                   Versus
                              Rangrao Shamu Patil and Ors.                            ...Respondents

                                     Mr. Rahul P. Walvekar, for the Appellants.


                                                                  CORAM : MADHAV J. JAMDAR, J.

DATE : 10th MARCH 2023

P.C. :

1. Heard Mr. Rahul Walvekar, learned counsel appearing for the

Appellants.

2. Admit on the following substantial questions of law:

I] Whether the findings recorded by the learned First Appellate

Court regarding existence of joint family property and about

previous partition is not in accordance with law as the

evidence on record in that aspect is not at all considered?

II] Whether the learned First Appellate Court has completely

ignored the point regarding non-inclusion of certain

27-sa-284-2017.doc Pallavi

properties in the plaint which are also joint family

properties ?

III] Whether the Judgment and Decree of the learned First

Appellate Court is in accordance with law as the First

Appellate Court is the final Court as far as the finding of facts

are concerned?

3. In view of the above substantial questions of law, prima facie,

the Judgment and Decree of the learned First Appellate Court is

required to be quashed and set aside by remanding back the matter

to the learned First Appellate Court for disposal of Appeal No.241 of

2011 in accordance with law.

4. As very narrow controversy is involved, issue notice to the

Respondents, returnable on 18th April 2023.

5. In addition to the Court notice, Appellant to serve the

Respondents by private service and file affidavit of service before the

returnable date.

6. Parties are put to notice that subject to the convenience of the

Court, Second Appeal will be finally decided on 11 th April 2023 or on

any other date convenient to the Court.

[MADHAV J. JAMDAR, J.]