Shri. Ramakant Ganesh Naik vs Shri. Shankar Shantaram Naik
2024 Latest Caselaw 1163 Bom

Bombay High Court

Shri. Ramakant Ganesh Naik vs Shri. Shankar Shantaram Naik on 17 January, 2024

Author: Sandeep V. Marne

Bench: Sandeep V. Marne

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CIVIL APPELLATE JURISDICTION

                             SECOND APPEAL NO.284 OF 2019
                                              WITH
                        INTERIM APPLICATION NO.563 OF 2019
                                              WITH
                             SECOND APPEAL NO.390 OF 2019.


Ramakant Ganesh Naik & Ors.                          ...Appellants
     Versus
Anusaya Shantaram Naik & Ors.                        ...Respondents
                                               ....
Mr. Vikram Walwalkar, a/w. Mr. Amey Sawant, Ms. Sayali Gangal, Ms.
Iqra Qureshi & Mr. Viren Tapkir for Appellants in both Appeals.
Mr. Nachiket Khaladkar, for Respondents in both petitions.
                                               ....

                                        CORAM : SANDEEP V. MARNE, J.

DATED : 22 JANUARY 2024.

P.C. :

The Appeal were heard on 19 January 2024 and the Judgment was reserved. Today at the instance of Mr. Walwalkar, the learned counsel appearing for Appellants, the Appeals are taken on board as he desires to make additional submissions. I have also heard Mr. Khaladkar, the learned counsel appearing for Respondent.

kishor 2/2 NOB (22.01.24).doc

2. After having considered the submissions canvassed by the learned counsel appearing for parties, the Appeals are admitted on following substantial questions of law :

i) Whether previously cultivated land by Plaintiffs as tenants but purchased by only one of the coparceners under provisions of Section 32-G and 32-M of the Maharashtra Tenancy and Agricultural Lands Act become exclusive property of such coparcener or whether it continue to remain the joint family property ?

ii) Whether Civil Court has jurisdiction to decide entitlement of coparceners for shares in property purchased by one of the coparceners under provisions of Section 32-G and 32-M of the Maharashtra Tenancy and Agricultural Lands Act, 1948 ?

3. Considering the controversy involved in the Appeal and at the joint request of learned counsel appearing for parties, the Appeal is fixed for final hearing on 25 January 2024. Mr. Walwalkar undertakes to submit private paperbook / compilation of documents on the next date of hearing.

SANDEEP V. MARNE, J.

                  Digitally
                  signed by
                  KISHOR
 KISHOR           VISHNU
 VISHNU           KAMBLE
                  Date:
 KAMBLE           2024.01.23
                  14:52:16
                  +0530