2025 INSC 524 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5377 OF 2025 (Arising out of Special Leave Petition (C) No.5432 of 2021)

ARUNKUMAR H SHAH HUF … APPELLANTS versus AVON ARCADE PREMISES CO-OPERATIVE SOCIETY LIMITED & ORS. ... RESPONDENTS J U D G M E N T ABHAY S. OKA, J. FACTUAL DETAILS 1. Leave granted.

2. This appeal takes exception to the judgment and order dated 25^th February 2021 passed by the learned Single Judge of the Bombay High Court. To appreciate Signature Not Verified the controversy, a brief reference to the facts of the case Digitally signed by ANITA MALHOTRA Date: 2025.04.21 Reason:

would be necessary.

3. One Champaben Hiralal Shah owned a plot of land being Final Plot No.61 in Town Planning Scheme III, Vile Parle (West), admeasuring 2814.38 sq.mtrs. (for short ‘the larger plot’). On 1^st April 1972, Champaben Hiralal Shah and the Hindu Undivided Family consisting of her three sons, Lalbhai, Ranjit and Arun, constituted a partnership firm M/s. CH Shah & Sons (for short, ‘the firm’) by executing a deed of partnership. The larger plot was Champaben Hiralal Shah's contribution to the firm's capital. After the death of Champabe