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SECOND APPEAL NO. 708 OF 2008

High Court: Bombay High Court Bench: BOMBAY
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2026-10-20 07:47:45
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Issue of Consideration

SECOND APPEAL NO. 708 OF 2008

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Case Details

2017 LawText (BOM) (03) 54

Second Appeal No. 708 of 2008; Second Appeal No. 38 of 2009; Second Appeal No. 386 of 2009

2017-03-21

R.D. Dhanuka, J.

2017:BHC-AS:8403

Mr. A.A. Kumbhakoni, Mr. Akshay Shinde, Mr. Sagar Talekar, Mr. S.M. Kamble, Mr. Jay Savla, Mr. Prantik Majumdar, Mr. Rahul Theckedath

Smt.Geeta Kumarchand Shah, Shri Manoj Kumar Shah, Mrs.Nilam Prakash Shah, Ms.Sadhana Kumarchand Shah, Smt. Nutan @ Sayali Sudhir Mehta (Appellants in SA 708/2008 & SA 38/2009); Shri Damodar Hirachand Shah (Appellant in SA 386/2009)

Shri Damodar Hirachand Shah, Shri Mohan Hirachand Shah, Shri Purushottam Hirachand Shah (deceased through LRs), Smt.Induben Dinesh Shah, Mr.Bipin Ratilal Shah, Smt.Devki Hirachand Shah (deceased through LRs), Mr.Shivlal Hirachand Shah, Smt.Kesharben Liladhar Shah, Smt.Lilaben Kishor Shah, Smt.Pushpaben Tribhuvandas Shah, Smt.Laxmi Madhukar Shah, Mr.Kantilal Ratilal Shah (Respondents in SA 708/2008 & SA 38/2009); Shri Mohan Hirachand Shah, Shri Purushottam Hirachand Shah (deceased through LRs), Mrs.Nilam Prakash Shah, Ms.Sadhana Kumarchand Shah, Smt. Nutan @ Sayali Sudhir Mehta, Smt.Geeta Kumarchand Shah, Shri Manoj Kumar Shah, Smt.Induben Dinesh Shah, Mr.Bipin Ratilal Shah, Smt.Devki Hirachand Shah (deceased through LRs), Mr.Shivlal Hirachand Shah, Smt.Kesharben Liladhar Shah, Smt.Lilaben Kishor Shah, Smt.Pushpaben Tribhuvandas Shah, Smt.Laxmi Madhukar Shah, Mr.Kantilal Ratilal Shah (Respondents in SA 386/2009)

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Nature of Litigation

Civil suit for partition and declaration of ownership over properties

Filing Reason

Dispute over ownership and partition of properties among legal heirs of Hirachand Shah

Previous Decisions

First Appellate Court (District Judge, Ratnagiri at Alibaug) allowed Civil Appeal Nos. 56 of 2006 and 57 of 2006 vide judgment and decree dated 10-07-2008

Judgment Excerpts

By these three appeals filed under section 100 of the Code of Civil Procedure, 1908, the appellants have impugned the judgment and decree dated 10th July, 2008 passed by the learned District Judge, Ratnagiri at Alibaug allowing the Civil Appeal Nos. 56 of 2006 and 57 of 2006.

Procedural History

Regular Civil Suit No. 103 of 1996 was filed; Civil Appeal Nos. 56/2006 and 57/2006 were allowed by District Judge, Ratnagiri at Alibaug on 10-07-2008; present second appeals filed under Section 100 CPC.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 100
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Tags :
second appeal family property dispute section 100 CPC partition ancestral property oral partition compromise decree revenue records lease deed alienation

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