Laxman Hariba Chavan vs Sulubai Devidas Jadhav And Ors
2025 Latest Caselaw 5364 Bom

Citation : 2025 Latest Caselaw 5364 Bom
Judgement Date : 8 September, 2025

Bombay High Court

Laxman Hariba Chavan vs Sulubai Devidas Jadhav And Ors on 8 September, 2025

                              1                    20-SA.132-25+1.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

              20 SECOND APPEAL NO. 132 OF 2025

                  LAXMAN HARIBA CHAVAN
                          VERSUS
              SULUBAI DEVIDAS JADHAV AND ORS

          WITH CIVIL APPLICATION NO. 3742 OF 2025
                       IN SA/132/2025

                              ...
         Advocate for Appellant : Mr. Kedar Balbhim R.
     Advocate for Respondent No.1 : Mr. Rajendra V. Dasalkar.
                              ...

                          CORAM : SHAILESH P. BRAHME, J.

DATE : 08.09.2025

PER COURT :-

1. Leave to correct parties in Second Appeal.

2. Heard both parties.

3. Second appeal is emanating from alternate findings of

facts. Respondent No.1 Sulubai and another had filed suit for

partition which was dismissed by the Trial Court but decree

was reversed by Lower Appellate Court.

4. Appellant is original defendant No.3 who is in possession

of land Gut No.116 initially as a tenant and lateron in the

capacity of proposed transferee on the strength of agreement

to sell dated 17.03.2009. He raised plea of non-joinder of

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necessary parties as well as not bringing all the properties in

common hotchpot. Though there is compromise and

relinquishment of shares by plaintiff No.2 Rupabai as well as

defendant No.4 Yamunabai, separately, Lower Appellate Court

by impugned decree allotted them shares.

5. Following substantial questions of law emerged in the

second appeal :

(i) Whether suit is bad for non-joinder of necessary

parties and not bringing all the properties in

common hotchpot?

(ii) Whether impugned judgment and decree is

sustainable when there was already settlement and

relinquishment of share by plaintiff No.2 Rupabai

and defendant No.4 Yamunabai and despite of that

they were allotted shares?

(iii) Whether impugned judgment and decree can be

faulted with or liable to be reversed at the instance

of appellant when he is proposed transferee and he

has filed Special Civil Suit No.33 of 2012 for

Specific Performance of Contract?

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(iv) Whether entire suit would abate for not bringing

heirs of defendant No.1 Gopal on record and

especially when there was settlement and

relinquishment of the right of plaintiff No.2 Rupabai

and defendant No.4 Yamunabai?

6. Issue notice to the respondents for final disposal at the

admission stage, returnable on 03.11.2025.

7. Learned counsel Mr. Dasalkar waives service of notice for

respondent No.1.

8. Call for Record and Proceedings from the concerned

Court.