Kondabai Ramchandra Telange vs Ajay Khandukumar Telangpure Parit ...
2024 Latest Caselaw 1842 Bom

Bombay High Court

Kondabai Ramchandra Telange vs Ajay Khandukumar Telangpure Parit ... on 22 January, 2024

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     SECOND APPEAL NO. 337 OF 2023

                    KONDABAI RAMCHANDRA TELANGE
                               VERSUS
              AJAY KHANDUKUMAR TELANGPURE PARIT MINOR

Mr. G. D. Kale, Advocate for the appellant
Mr. C. D. Biradar, Advocate for respondent Nos. 1 to 3

                                   CORAM       : R. M. JOSHI, J.

                                   DATE        : 22nd JANUARY, 2024

P.C. :-

1. Learned counsel for the appellant submits that even if the

contention of the defendants are accepted about the passing of the

decree in RCS No. 303 of 2008, since before passing of the decree in the

said suit the Section 6 of Hindu Succession Act was amended where by

even married daughter has become a coparcener. According to him in

view of this, the judgment dated 12/01/2011 passed in RCS No. 303 of

2008 is not binding on the plaintiffs as they were never party to the said

suit. It is his further contention that even otherwise while passing the

decree in the said suit, the trial Court therein ought to have considered

the rights of plaintiffs as their presence was known to the Court as a

married daughters.

2. Thus, in view of these contentions learned counsel for the plaintiffs

23.sa337.23.odt 1 of 2 submits that the substantial question of law is involved in this case which

requires to be determined.

3. Learned counsel for the defendant Nos. 3 to 5 though does not

dispute the factual aspect but he seeks time to respond to the arguments

of the learned counsel for the plaintiffs. Stand over to 30 th January, 2024.

(R. M. JOSHI, J.)

ssp

23.sa337.23.odt 2 of 2