Supreme Court of India · 2017-04-25
BAPUSAHEB CHIMASAHEB NAIK-NIMBALKR(DEAD THROUGH LRS.) vs MAHESH VIJAYSINHA RAJEBHOSALE .
- Citation / case number
- SC 2009/3807
- Court
- Supreme Court of India
- Petitioner
- BAPUSAHEB CHIMASAHEB NAIK-NIMBALKR(DEAD THROUGH LRS.)
- Respondent
- MAHESH VIJAYSINHA RAJEBHOSALE .
- Author
- ARUN MISHRA
- Bench
- S. ABDUL NAZEER ARUN MISHRA
Judgment text excerpt
The Supreme Court upheld the trial court's decree for partition of ancestral property under Section partition of the Indian Succession Act, affirming that the plaintiffs, as heirs of Anandibai, were co-owners with the defendants. The Court ruled that the suit was not barred by limitation or by Order II Rule 2 of the CPC, as the defendants failed to prove exclusive possession or ouster. The judgment confirmed the plaintiffs' right to seek partition and separate possession of the property.