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Bombay High Court

Venkati Bapurao Narvate vs Namdeo Manikrao Narvate Died Through ... on 9 July, 2025

                                 1                   943-SA.191-25.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                943 SECOND APPEAL NO. 191 OF 2025

             VENKATI BAPURAO NARVATE
                      VERSUS
     NAMDEO MANIKRAO NARVATE DIED THROUGH LRS
         KERABAI NAMDEV NARVATE AND ORS

                               ...
Advocate for Appellant : Mr. A. B. Kale i/b Mr. Akash E. Madne.
                               ...

                               CORAM : SHAILESH P. BRAHME, J.

DATE : 09.07.2025 PER COURT :-

1. Heard the learned counsel for the appellants.
2. Issue notice to the respondents, returnable on 06.08.2025.
3. Following would be the probable substantial questions of law :
(i) Whether suit is barred by non-joinder of necessary party as Sumanbai D/o Bapu was not party and whether any prejudice can be said to have been caused to the parties to the litigation as well as Sumanbai ?
(ii) When all the properties are not brought in common hotchpot in Gut No. 48 of Shenkud which

2 943-SA.191-25.odt is excluded, suit for partition can be maintainable for partial partition ?

(iii) Whether the determination of the shares is in accordance with law or not ?

4. Endeavour shall be made to decide the second appeal at the admission stage.

(SHAILESH P. BRAHME, J.) ...

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