KRISHNABAI BABYA NAVALE vs SMT.ANUBAI MAHADEO THALI

Judgment text excerpt

SA.394.2017.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 394 OF 2017 Krishnabai Babya Navale Appellant (Appellant in Appeal) .. (Orig. Defendant) Versus Savitri Shankar Gharat (Since Deceased through Respondents LRs.) Shankar Lahu Gharat and Ors. (Respondents in Appeal) .. (Orig. Plaintiff) ....................  Mr. Bharat Joshi, Advocate for Appellant.  Mr. S.S. Patwardhan a/w. Mr. Kishor Tembe, Advocates for Respondents. ......…........... CORAM : MILIND N. JADHAV, J. RESERVED ON : OCTOBER 14, 2025. PRONOUNCED ON : NOVEMBER 12, 2025. JUDGMENT: 1. Heard Mr. Joshi, learned Advocate for Appellant and Mr. Patwardhan, learned Advocate for Respondents. 2. This Second Appeal is filed to challenge the judgment dated 21.01.2017 passed by the learned District Court, Raigad, Alibag in First Appeal No.62 of 2006. Regular Civil Suit No.50 of 2002 is filed by Appellant’s sister Savitribai in the Civil Court at Uran seeking partition and her share in the Hindu joint family property i.e. kul right in the estate of her deceased father Ramji Patil and deceased mother Yenibai / Venibai Ramji Patil. 3. By judgment dated 08.02.2006, the Suit was decreed by the learned Trial Court. By judgment dated 21.01.2017, First Appeal filed 1 of 21 SA.394.2017.doc by Appellant was dismissed by the learned District Court, Raigad at Alibag. Hence, present Second Appeal. 4. On 03.07.2017, this Court admitted the Second Appeal and framed the following substantial questions of law:- “(i) Whether the trial Court and the Appellate Court whilst passing the impugned Judgment and decree have erroneously ignored the provisions of Sections 32M, 32G, 85, 85-A and 320 of the Bombay Tenancy and Agricultural Lands Act (the said Act), 1948, and the orders passed