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MILIND N. JADHAV
Kishore Tulshiram Mantri – Appellant
Versus
Dilip Janak Mantri – Respondent
JUDGMENT
1. This Writ Petition takes exception to the judgment and order dated 24.11.2022 passed by the Joint Civil Judge (Senior Division), Nashik (for short the 'Executing Court') in Application filed below Exhibit 89' in Final Decree Application No.7 of 2019. By virtue of order dated 24.11.2022, Executing Court has rejected Application below Exhibit 89' filed by Defendant No.8 - Writ Petitioner seeking framing of issues for deciding the shares of legal heirs of deceased Tulshiram Ratanchandra Mantri and seeking an inquiry for modification of shares determined by the preliminary decree dated 27.11.2014 in Special Civil Suit No.575 of 2010.
2. Briefly stated, Suit property is a non-agricultural land parcel bearing Survey No.2A/1A/2, C.T.S. No.1449 to 1507 admeasuring 1570 square meters alongwith one standing structure thereon admeasuring 125.46 square meters situated at M.G. Road, Old Lamp Road, Deolali, Shiwar, Nashik (for short 'Suit property'). Respondent Nos.1 and 2 are original Plaintiffs in Special Civil Suit No.575 of 2010 before the Civil Judge, (Senior Division), Nashik. Suit was filed for partition and separate possession of Suit property on 23.09.2010. Suit property admit
An executing court cannot modify a final decree based on newly discovered evidence that was not previously disclosed, as this would violate principles of res judicata and due diligence.
Executions courts cannot alter final decrees based on belatedly introduced evidence without due diligence; concealment of known facts undermines later legal claims, affirming principles of constructi....
The main legal point established in the judgment is that the execution of wills must be proved in the manner known to law, and failure to do so may result in the wills being disbelieved by the court.
The main legal point established is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
Joint family property laws affirm equal entitlement to heirs in intestate succession, rejecting claims of prior partition absent conclusive evidence.
The court affirmed that prior final decrees in partition suits are binding and that claims based on wills must be established in separate proceedings.
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
The court affirmed the validity of a Will executed under proper procedures, ruling that mere relationships or opportunities do not imply undue influence unless proven with clear evidence.
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