Aurangabad Court: Businesswoman's Claim on Family Property Sent Back for Review

Summary: Kamal Jadhav fights for her share in a family property after an auction sale, claiming it's a joint family asset. The court has sent the case back for further examination.

The Case Background

Kamal Jadhav, a 70-year-old businesswoman, found herself in a legal battle against Challani Ginning and Pressing Factory. The issue revolves around a piece of land, Plot No. 11, in Aurangabad. Kamal claims this property is part of her joint family estate, but it was put up for auction due to a previous court order.

Court Decisions So Far

• Initial Rulings: The first court and the court handling the sale process dismissed Kamal Jadhav's objections, saying her request was not serious and was meant to delay things.
• Auction Proceedings: The plot was auctioned after the person who owed money (JD) failed to return a deposit from an earlier deal. Despite Kamal Jadhav's objections, the auction sale was confirmed.

Kamal's Standpoint

Kamal Jadhav argues that she has a rightful 1/3 share in the property, inherited from her late husband. She insists that the property was purchased with money from the joint family, not just by her son, JD No. 1.

"The auctioned property is not the exclusive property of JD No. 1 and is joint family property."

Legal Arguments

• Kamal Jadhav's lawyer, Mr. N.B. Khandare, stressed that Kamal's right to the property should be decided, giving her a chance to show evidence.
• The opposing lawyer argued that Kamal Jadhav had plenty of chances to object earlier and her claims were just to block the auction process.

Court's Latest Decision

Judge Arun R. Pedneker recognized the complexity of the case, noting the need for a detailed look into Kamal Jadhav's claims. The court has now sent the case back to the court handling the sale process to allow Kamal Jadhav to present her evidence.

"The executing court made a mistake by not setting up the issues and letting the appellant present evidence."

What's Next?

The court handling the sale process must now look into Kamal Jadhav's claims thoroughly and resolve the matter within six months. This decision gives Kamal Jadhav another chance to prove her case and potentially secure her share of the property.