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M. S. KARNIK
Leena Chaban Tonde – Appellant
Versus
Dilip Yashwant Padale – Respondent
ORDER (ORAL)
M.S. Karnik, J.—Heard learned Senior Advocate Shri Damle, appearing for the appellant, learned advocate Shri Mulawkar, appearing for respondent no. 1, learned Senior Advocate Shri Sen, appearing for the respondents no. 7 and 9, learned advocate Shri Godbole, appearing for respondents no. 11 and 12 and learned Senior Advocate Shri Dwarkadas, appearing for respondents no. 13 and 14.
2. The challenge in this appeal from order is to an order dated 26/11/2020 passed by the Civil Judge, Senior Division & 7th Addl. Judge, Small Causes Court, Pune, partly allowing the application- Exhibit 184 filed by the appellant-original plaintiff. The appellant filed the suit in the year 2012 for declaration that the gift deed be declared as null and void. Shorn of unnecessary details, brief facts are as under:
3. Pandurang Vishnu Padale claimed to be the absolute owner of the property in dispute. During his lifetime, Pandurang gifted the suit property to his grandson-Dilip Yashwant Padale by a gift deed dated 18/12/1957. Pandurang had two children, son- Yashwant and daughter – Godavari. Dilip–respondent no. 1- original defendant no. 1 is the son of Yaswant whereas the plaintiff–Leena is t
Suit for declaration and injunction filed more than five decades after gift deed was executed, cannot be decreed in favour of plaintiff.
The main legal point established is the application of the principles of granting interlocutory injunction, emphasizing the need to protect the plaintiff against irreparable injury and injustice.
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
The court emphasized the importance of challenging relevant documents and seeking timely injunctions in property disputes.
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
The main legal point established in the judgment is that a family arrangement deed indicating a prior oral partition, lack of possession by the donor at the time of executing the gift deed, and the d....
A Kartha of a Hindu joint family cannot gift joint family property without the consent of other coparceners, as such gifts are void.
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