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2019 Supreme(Bom) 1839

C.V.BHADANG
Jaganath Vinayak Shet Manerkar – Appellant
Versus
Vallabh Saanand Bondre – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sudin Usgaonkar, Senior Advocate and Kissan Padgaonkar
For the Respondent: F.E. Noronha and N. Dias

ORDER :

C.V. BHADANG, J.

1. By this petition, the petitioners, interested party Nos. 1 and 2 are challenging the judgment and order dated 20/2/2018 passed by the learned Ad hoc District Judge at Mapusa in Misc. Civil Appeal No. 74/2017. By the impugned judgment, the learned District Judge has allowed an application (Exhibit 86) filed by the respondent, Head of the Family, for discarding the Deed of Gift dated 20/3/1969.

2. The brief facts necessary for the disposal of the petition may be stated thus:

    That Inventory Proceedings No. 230/97/E have been initiated on the death of Durgabai V.S. Manerkar, who died on 21/11/1965 Vinayak Manerkar, the husband of Durgabai pre-de-ceased her on 9/5/1949. In the said Inventory Proceedings the respondent is the Head of the Family. The petitioners produced a Gift Deed dated 20/3/1969 on record claiming that Shalini Manerkar, the daughter of Durgabai and her husband Yeshwant Pangam have executed the said Gift Deed in favour of the petitioner Jagannath Manerkar there by gifting their 1/4th share in the estate in favour of Jagannath.

3. The respondent filed an application (Exhibit 86) for discarding the said Gift Deed on the ground that it is a fraudule

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