Hearing a petition in search of written announcement by means of Vasundhara Raje Hemant Singh, Yashodhara Raje Bhansali, Padma Raje at the various immoveable and transportable houses of past due Maharaja Jivaji Rao Scindia, ruler of the erstwhile princely nation of Gwalior be set apart, Justice R. D Dhanuka of Bombay High Court lately held that no case has been made out for hanging out of written statement as placed up via late Madhav Rao Scindia and others against the name fit made via late Vijaya Raje Scindia and others. Thus, a note of Motion (L) No.2482 of 2018 is disregarded. In effect, therefore, the courtroom refused to grant any alleviation to former Minister and Congress leader, Jyotiraditya Scindia in combat for ancestral residences that goes returned many years.
The alleged inconsistencies inside the affidavit dated 15 October 1985 and the written statements filed by using defendants three to five – Vasundhara Raje Hemant Singh, Yashodhara Raje Bhansali, and Padma Raje can be considered at the time of trial in the aforesaid suit.
The effect of the alleged inconsistency and contradiction within the pleadings filed by using the parties in distinct fits additionally can be taken into consideration with the aid of this courtroom on the stage of the trial.
The court although made it clear it had not expressed any views at the alleged inconsistencies or contradictions made by way of any of the parties in any of the suits or in the interlocutory court cases. All such contentions are kept open.
The court docket directed to location the matter on board for directions before the learned Judge having assigned the suit for suitable instructions which will continue with the fit. There shall be no order as to costs The admitted facts are that the original plaintiff. Vijayaraje Jivajirao Scindia (the former Rajmata of Gwalior) had filed the in shape towards her son, Madhavrao Jivajirao Scindia and 6 others inter alia praying for a declaration that the transportable properties defined inside the plaint and all other immovable homes that may on right inquiries be ascertained as having belonged to Sir H.H.Jivajirao (Hindu Undivided Family) were the HUF houses wherein the plaintiff and the defendant number one have been entitled to identical percentage. A decree of the partition of these properties similarly between the plaintiff and the defendant number one and for different reliefs changed into prayed for.
During the pendency of the suit, the unique plaintiff and the original defendant no.1 expired. Insofar as defendant numbers three, 4 and five are involved, they’re married daughters of the unique plaintiff and late Shri Jivajirao Scindia and were the sisters of the unique defendant Madhavrao Jivajirao Scindia. Padma Raje was one of the daughters of the authentic plaintiff and the past due Shri Jivajirao and the sister of the original defendant no.1 who expired.
It is contended that the late Jivajirao Scindia was the Karta and manager of the joint and undivided Hindu circle of relatives known as the Sir H.H.Jivajirao HUF including himself, the plaintiff, authentic defendant numbers 1 to three and four and five and the said Smt. Padma Raje. It is said that between the 12 months 1961 and 1971 every so often, the defendant numbers three to five and the stated Padma Raje and after her loss of life, defendant Nos. 5 and seven had obtained their shares inside the property of the stated deceased according to the law. It is, in addition, alleged that the rest of the stated HUF houses, portable and immoveable endured additionally belonged to the plaintiff and defendant number one in identical percentage as participants of the joint own family of which the defendant number 1 became Karta and supervisor at the demise of Jivajirao Scindia
It is contended that the defendant numbers 2 to 6 are joined as proper parties to the in shape however have no hobby within the said moveable houses. It isn’t always in dispute that within the stated Suit No. 1861 of 1984, the original plaintiff had filed a Notice of Motion No.1742 of 1984 praying for diverse meantime reliefs consisting of the prayer of appointment of Court Receiver in appreciate of all transportable properties belonging to Sir H.H.Jiwajirao (HUF). The authentic plaintiff made some of the averments within the affidavit in the guide of the attention of motion which have been made in the plaint.
It is the case of the applicant that on 15 October 1985, the defendant no. Four on behalf of herself and on behalf of defendant numbers three and 5 to 7 filed an affidavit mentioning that she had examined the copy of the plaint and observe of motion and the reproduction of the affidavit in assist of the awareness of movement in addition to the reproduction of the affidavit in rejoinder and in reply thereto. She herself and on behalf of defendant numbers, three and five to 7 sought leave to repeat and reiterate all the averments, submissions and statements made and contentions raised by means of the plaintiff as if they were integrated into the stated affidavit in verbatim and fashioned a part of the stated affidavit. It turned into prayed that the attention of movement is made absolute with costs. The said affidavit became filed by way of the defendant Nos. 3 to 7.
The defendant strongly positioned reliance on the averments made via Smt.Vijayaraje Jivajirao Scindia, widow of overdue Shri Jivajirao Scindia in Special Civil Suit No. 705 of 1985 filed in the Court of Civil Judge, Senior Division at Pune against past due to Madhavrao Jivajirao Scindia and the daughters of the past due to Smt.Vijayaraje Jivajirao Scindia (widow of past due to H.H.Jivajirao Scindia) inter alia praying for an announcement that the plaintiff therein changed into having 50 percent share in the properties.