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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.

BAPUSAHEB CHIMASAHEB NAIK-NIMBALKR(DEAD THROUGH LRS.) vs MAHESH VIJAYSINHA RAJEBHOSALE . · Niyam