Shri Rajaram Bandu Gadade vs Shri Govina Sonba Gadade

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 85

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE, J
Shri Rajaram Bandu Gadade – Appellant
Versus
Shri Govina Sonba Gadade – Respondent

Advocates Appeared:
Mr. Prafulla Shah a/w. Ms. Gunjan Shah i/b. Mr. Kayval Shah,
for Appellants.
Mr. Sharad Bhosale i/b. Mr. Dilip Bodake for Respondents.
Mr. D.J. Haldankar, AGP for the Respondent-State.

JUDGMENT :

GAURI GODSE, J.

BASIC FACTS:

1. This second appeal is preferred by the original defendants to challenge the concurrent judgments and decrees granting 1/4 th share each to the plaintiffs, i.e. heirs of Sonba, Kondiba and Rangnath. The original holder of the suit property was Dashrath. Dashrath had four sons - Vitthal, Sonba, Kondiba and Rangnath. Defendants are heirs of Vitthal. Both the courts have held that all four sons of Dashrath would be entitled to 1/4 th share in the suit property. Hence, the branch of each of the sons is held entitled to a 1/4 th share in the suit property.

2. The second appeal was admitted by order dated 25 th November 2013 on the following substantial question of law:

“(N) Whether both the learned lower courts are justified in over looking the Mutation Entry No. 8681 at Exhibit-71 which was certified in the year 1948 which clearly indicate the name of deceased Vitthal (Predecessor of the Appellants/Original Defendants) as protected tenant in respect of the suit property”.

3. By order dated 27 th August 2018, the question of law was modified, and one additional question of law was framed. Therefore, the second appeal is heard on the modified and the a