LAWS(BOM)-2005-10-120

JAYASHREE ASHOK GOREGAONKAR Vs. KANTA CHANDRAKANT MHATRE

Decided On October 04, 2005
JAYASHREE ASHOK GOREGAONKAR Appellant
V/S
KANTA CHANDRAKANT MHATRE Respondents

JUDGEMENT

(1.) HEARD Counsel for the parties. By this Chamber summons, defendants 1 to 4 pray that the Plaint be rejected on the ground that it does not disclose any cause of action as also being barred by Law of limitation in terms of Order VII, Rule 11 (a) and (d) of the Code of Civil Procedure (hereinafter referred to as the Code" ).

(2.) BRIEFLY stated, the present Suit is for partition filed by the daughter-in-law of Revati Goregaonkar. The genealogy of the family, which is agreed between the parties, is thus:<img>C:\program Files\regentdatatech\image\kn2320055.jpg</img> <img>C:\program Files\regentdatatech\image\kn2320056.jpg</img>

(3.) THE Plaintiff Jayashree claims through her husband Ashok, who in turn, claims through her mother Revati. According to the Plaintiff, Revati had share in the property, which came to the share of Saraswati, who expired on 8th August 1948. The Plaintiffs case is that Saraswati had 1/3rd share and as a consequence, the Plaintiff will get 1/27th share in the said property.