Suhas Madhukar Sonawane vs Mahadev Arjun Gaikwad And Ors
2024 Latest Caselaw 24871 Bom

Bombay High Court

Suhas Madhukar Sonawane vs Mahadev Arjun Gaikwad And Ors on 27 August, 2024

                                                                        17.128.21 sa.docx

   Iresh
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                       CIVIL APPELLATE JURISDICTION

                                   SECOND APPEAL NO. 128 OF 2021
                                               WITH
                                INTERIM APPLICATION NO. 4203 OF 2019
                                                 IN
                                   SECOND APPEAL NO. 128 OF 2021


             Suhas Madhukar Sonawane                                      .....Appellant

                    Vs.
IRESH
MASHAL
             Mahadev Arjun Gaikwad and Ors                                .....Respondents
Digitally
signed by
IRESH
             Mr. Rahul S. Kadam a/w Mr. Shardul R. Diwan for the appellant
MASHAL
Date:
2024.08.29
             Mr. Avinash Naiwadi a/w Ms. Swati Jadhav for respondents
13:50:14
+0530

                                             CORAM : GAURI GODSE, J.

                                             DATE :   27th AUGUST 2024


             ORDER:

1. Heard learned counsel for the parties. The second appeal is

admitted on the following substantial questions of law:

(i) Whether in the absence of any specific finding

recorded on the plaintiffs' right to acquire the property by

invoking Section 22 of The Hindu Succession Act, 1956

there could have been a decree in favour of the plaintiffs'

17.128.21 sa.docx

entitlement to purchase the suit property as decreed in

operative clause 4 of the Trial Court Judgment?

(ii) Whether in absence of any specific findings on the

validity of the sale deed executed by defendant nos. 1

and 2, there could have been a declaration on the

plaintiffs entitlement to purchase the property by way of

invoking right of preemption?

(iii) Whether the Trial Courts decree regarding plaintiffs

entitlement to purchase the property by enforcing right of

preemption is sustainable in the absence of a specific

finding satisfying the parameters as required for invoking

right of preemption under Section 22 of The Hindu

Succession Act, 1956?

2. Mr. Avinash Naiwadi waives service for respondent no. 1.

3. In addition to Court notice, learned advocate for the appellant to

serve remaining respondents by private notice and file affidavit of

service.

4. Call for record and proceedings. Printing is dispensed with.

17.128.21 sa.docx

5. Learned advocate for the appellant to file private paper-book

within a period of one year.

INTERIM APPLICATION NO. 4203 OF 2019:

6. Rule on interim relief in terms of prayer clause (a) is made

returnable on 12th November 2024.

7. In addition to Court notice, learned advocate for the applicant to

serve remaining respondents by private notice and file affidavit of

service before the next date.

8. In the meantime, the execution of the impugned decree shall

remain stayed only to the extent of handing over of actual possession

and operative clause 4 of the Trial Court's decree.

9. It is clarified that further proceedings for division of the suit

property shall continue.

[GAURI GODSE, J.]