IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (arising out of SLP(C) No. 3277 of 2020)
MAHADEV ANNA MAHADIK (DECEASED) THROUGH L.Rs. & ORS.
..... APPELLANT(S)
VERSUS
KAMALABAI (DEAD) THROUGH L.R. & ORS. ..... RESPONDENT(S)
O R D E R
Leave granted.
In our opinion, the appeal, in so far as it pertains to
Mahadev Anna Mahadik, has to be allowed for the simple reason that
vide order dated 30.12.1983, his name was deleted from the array of
parties in Regular Civil Suit No. 198/1975 filed by late Kamalabai
and late Shivaji Manohar Nagane, wherein he had originally been
arrayed as defendant No. 6. The said position is admitted.
The judgment in the aforesaid suit preferred by the deceased
Kamalabai and Shivaji Manohar Nagane, though relating to a will and
their rights in the suit property, would not be a judgment in rem
but a judgment in personam, as the suit in question was for
partition and separate possession.
The appeal, in so far as it pertains to Mahadev Anna Mahadik,
through his legal representatives, is accordingly allowed. The
impugned judgment of the High Court, holding to the contrary, is
1
set aside. Regular Civil Suit No. 198/1975 preferred by the
deceased Kamalabai and Shivaji Manohar Nagane will be treated as
dismissed as against Mahadev Anna Mahadik.
The appeal, in so far as it relates to Sandipan Bhanudas
Patil and Nivruti Narhari Mahadik, who are subsequent purchas...