1 Shri Dagadu Dnyanu Diwase vs 1 Shri Prakash Dattatrya Diwase
2024 Latest Caselaw 3403 Bom

Bombay High Court

1 Shri Dagadu Dnyanu Diwase vs 1 Shri Prakash Dattatrya Diwase on 5 February, 2024

Author: Sandeep V. Marne

Bench: Sandeep V. Marne

Neeta Sawant                                   1/3                     9-SA-25-2024.docx
                                                                 Monday, 5 February 2024.

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION


                     SECOND APPEAL NO. 25 OF 2024

Shri. Dagadu Dnyanu Diwase
and Ors.                                                 ....Appellants
      V/s.
Shri. Prakash Dattatraya Diwase
(since deceased thr. Its LRs.)
1A. Vandana Prakash Diwase and Ors.                      ....Respondents

                            ________
Mr. Chetan Patil i/by. Mr. Mandar Bagkar with Mr. Vishvesh
Gadage, for the Appellants.


Mr. Drupad Patil, for the Respondents.
                                         _________

                                     CORAM : SANDEEP V. MARNE, J.

Dated : 5 February 2024.

P.C. :

1. Heard Mr. Chetan Patil, the learned counsel appearing for the Appellants and Mr. Drupad Patil, the learned counsel appearing for Respondent Nos.1A to 1C.

2. After considering the submissions canvassed by the learned counsel appearing for the parties, the Second Appeal is admitted on following substantial questions of law :

Neeta Sawant 2/3 9-SA-25-2024.docx Monday, 5 February 2024.

(i)Whether the finding of the first Appellate Court about suit property being exclusively purchased by Plaintiffs' father, Dattatray can be sustained in the light of several admissions given by the Plaintiff in the cross-examination ?

(ii)Even if it is assumed that Dnaynu and Dattatray had independent sources of income, was it necessary for the Defendants to prove that the purchase of the suit property was through nucleus of the joint family income ?

(iii) Whether the evidence on record proves that the Defendants resided in the suit property much prior to the year 2013 when according to the Plaintiffs, the Defendants started occupying the same ?

(iv) Whether the Defendants are in permission possession of suit property ?

(v) Whether Defendants are entitled to protect their possession even if they loose title to the suit property ?

3. Printing is dispensed with.

4. After admission of the Appeal by formulating the above substantial questions of law, both Mr. Chetan Patil and Mr. Drupad Patil, submitted that they are willing to have the Appeal finally decided. Accordingly, the parties have tendered private paper-book. It is taken on record.

Neeta Sawant 3/3 9-SA-25-2024.docx Monday, 5 February 2024.

5. Both the learned counsel are heard extensively on the questions of law formulated. Arguments are heard and judgment is reserved.

SANDEEP V. MARNE, J.