NATHAJI @ SUDHAKAR TATYABA KATKAR (DECEASED THROUGH HIS LEGAL HEIRS) A KUSUM NATHAJI KATKAR vs SHRI VITHAL SATAVA KATKAR

Judgment text excerpt

901-SA-637-2011.doc rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 637 OF 2011 Nathaji @ Sudhakar Tayaba Katkar, since deceased through his heirs and legal representatives: a) Kusum Nathaji Katkar b) Rajlaxmi @ Jayashri Nathaji Katkar c) Maya Nathaji Katkar d) Jitendra Nathaji Katkar All residing at Kukudwad, Taluka Man, District Satara. … Appellants vs. 1. Shri Vithal Satava Katkar, Parera Apartments, Hansnagar, Pachpakadi, Thane -400 601. 2. Shri Shrinavas Ganpat Kale, Taluka Patan, District Satara. 3. Shri Ajit Ganpat Kale, Taluka Karad, District Satara. 4. Aruna Ganpat Kale, Khurd, Taluka Karad, Dist: Satara. 5. Kalawati Bhagwanrao Yadav, since deceased through his heirs and Page no. 1 of 32 901-SA-637-2011.doc legal representatives: a) Bhagwan Bandoba Yadav, b) Ashok Bhagwan Yadav c) Arvind Bhagwan Yadav d) Satish Bhagwan Yadav e) Sheela Prakash Kale All agriculturist, residing at Kadepur, Taluka Khanapur, District Sangli. … Respondents Mr. R.N. Kachare a/w. Mr. Pradeep Gole for the Appellants. Mr. D.S. Mhaispurkar for Respondents. CORAM : GAURI GODSE, J. RESERVED ON : 24 th OCTOBER 2024 PRONOUNCED ON: 14th FEBRUARY 2025 JUDGMENT: BRIEF FACTS: 1. This appeal is preferred by the heirs and legal representatives of the original plaintiff to challenge the judgment and decree passed by the first appellate court. The trial court decreed the plaintiff’s suit, declaring that the suit properties are owned by the plaintiff, defendant no.3 and heirs Page no. 2 of 32 901-SA-637-2011.doc of defendant no.2. The trial court had directed the defendants not to obstruct the plaintiff’s possession over the suit property. The trial court’s decree declared that defendant no.3 and the heirs of defendant no.2 can claim partition of the s