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2025 DAILYLAW 78420 (BOM)

NARAYAN ANANT ADHIKARI v. SMT. YOGITA YADNYESHWAR RAUL @ SUREKHA NARAYAN ADHIKAR

CRA/198/2022 · 2025-12-24

Gauri Godse

body2025

Judgment text

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20-cra-198-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 198 OF 2022 Narayan Anant Adhikari … Applicant vs. Smt. Yogita Yadnyeshwar Raul @ Surekha Naryan Adikar and Ors … Respondents Mr. Prajakt M. Arjunwadkar for the Applicant CORAM : GAURI GODSE, J. DATED : 24th DECEMBER 2025 ORDER: 1. This civil revision application is filed by defendant no. 1 to challenge the order passed by the trial court rejecting his application under Order VII Rule 11 of the Civil Procedure Code. Learned counsel for the applicant submits that the application for rejection of plaint was filed on the ground that the plaintiffs would not be entitled to seek partition and separate possession on the ground of coparcenary rights under the provisions of the Hindu Succession Act, 1956. 2. The trial court has refused to reject the plaint in view of the legal principles settled in the case of Vineeta Sharma Vs. Rakesh Page no. 1 of 2 varsha 20-cra-198-2022.doc Sharma1. The plaint is filed seeking partition and separate possession of the undivided share in the ancestral joint family property. Thus, in view of the well-settled legal principles, the trial court has rightly refused to reject the plaint at the threshold. 3. Hence, I see no reason to interfere with the impugned order. 4. The civil revision application is rejected. (GAURI GODSE, J.) 1 (2020) 9 SCC 1 Page no. 2 of 2