APOLLO REAL ESTATE LLP Vs. ARUN WAGHMARE

JUDGEMENT

(1.) As the controversy involved in both these Arbitration Appeals is identical, therefore, same are being disposed of by this common order. For the sake of convenience, facts narrated in A.A. No.33/2020 (Apollo Real Estate LLP V/s. Dr. Arun Kumar Waghmare & others) are being taken into consideration.

(2.) The facts which led to the filing of these appeals started after the date of passing of the judgment and decree dtd. 5/4/1982 in Civil Suit No.4-A/1982 [ Vijay Waghmare Versus. Late Ramchandra Waghmare & others]. Late Ramchandra Waghmare was the owner of land bearing Survey Nos. 360, 382 and 382/437 situated at Village Khajrani, Indore. Late Ramchandra Waghmare and late Smt. Usha Waghmare had four sons and a daughter viz. (i) Dr. Arun Waghmare, (ii) Prakash Waghmare, (iii) Vijay Waghmare,(iv) Ravindra Waghmare and daughter (v) Sunita Patankar. Vijay Waghmare filed the suit for declaration and partition of the aforesaid suit land against his father, brothers and sister. Defendants Nos. 1 to 4 viz. Ramchandra Waghmare, Dr. Arun Waghmare, Prakash Waghmare and Sunita Patankar admitted the claim of the plaintiff. Defendant No.5 - Ravindra Waghmare objected to it by submitting that there was a family partition conducted by Shri B.S. Jagirdar and apart from the suit land, land bearing Survey Nos. 512 and 523 were also the self- acquired property of Late Ramchandra Waghmare. Late on Ravindra Waghmare however, agreed to the declaration of 1/6th share of each party. Learned Addl. District Judge decided Issue No.1 by holding that the land bearing Survey Nos. 512 and 523 are the property of a Joint Hindu family. By deciding the Issue No.2, learned Addl. District Judge held that the plaintiff and defendants have 1/6th - 1/6th share in the suit land. In view of the aforesaid findings, vide Judgment & Decree dtd. 05/04/1982 was passed in the suit, the operative part is as under :

(3.) As per the decree of the partition, the share in the land bearing Survey No. 367, 382 & 382/437 of the plaintiff and the defendants measured in square feet has been described in the map made part of the decree. A piece of land of the above survey numbers consisting of a Well, Temple and Garden was left in the centre for family charity as shown in the map which is non-transferable by anyone except Late Ramchandra Waghmare. The most controversial condition of the Judgment and decree is that none of the party shall be entitled to transfer his portion of the property shall have the right to transfer his portion of land to any outsider except with the consent of the rest of the parties. After the aforesaid partition, the names of the plaintiff and defendants were mutated in the revenue record. After the aforesaid decree, Ramchandra Waghmare expired on 1/4/1994 intestate and in his place name of his wife - Usha Waghmare was mutated in the revenue record.