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Bombay High Court

RUCHI SOYA INDUSTRIES PVT. LTD. PRESENTLY PATANJALI FOODS LTD. THRU. ITS AUTHORISED SIGNATORYversusMANDAKINI RAMHARI CHAVAN AND OTHERS

Disposal
Rejected at Admission stage

Holding

The revision application is dismissed; the trial court’s order rejecting the Order VII Rule 11 application is upheld.

Summary

The plaintiff, a Hindu wife of defendant No.3, filed a suit seeking a perpetual injunction against defendants, including defendant No.1 who had purchased the suit property from her husband. The plaintiff's application under Order VII Rule 11 of the CPC to reject the plaint argued that she had no coparcenary right or locus standi. The High Court examined precedents concerning a wife’s right to challenge a sale deed of HUF property and held that those cases were not applicable because the present suit does not seek partition but an injunction, and the cause of action must be determined on facts and evidence. The Court found the trial court’s reasoning sound, noting that a wife may challenge a sale deed on grounds of fraud even without a coparcenary share. Consequently, the civil revision application was dismissed and the order rejecting the Order VII Rule 11 application was upheld.

Issues considered

  • Whether a Hindu wife has locus standi to file a suit challenging her husband’s sale of HUF property.
  • Whether a cause of action exists for a perpetual injunction despite the plaintiff’s lack of coparcenary rights.
  • Whether the application under Order VII Rule 11 of the CPC should be rejected.

Legislation cited

Subjects

  • Hindu Undivided Family
  • coparcenary
  • perpetual injunction
  • cause of action
  • Order VII Rule 11
  • civil revision
  • locus standi
  • sale deed
  • fraud

Judgment

2026:BHC-AUG:39506


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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                         904 CIVIL REVISION APPLICATION NO. 89 OF 2026

                  Ruchi Soya Industries Pvt. Ltd. presently Patanjali Foods Ltd. Thru.
                                       Its Authorized Signatory
                                               VERSUS
                               Mandakini Ramhari Chavan and others
                                                   ...
                 Advocate for the applicant: Mr. Suresh Kant Baxy h/f Mr. Parag P.
                 Shahane
                 Advocate for Respondent No.1 : Mr. A. N. Irpatgire
                 Advocate for Respondent Nos. 2 and 3 : Mr. S. G. Kawade with Ms.
                 Priyanka Kulkarni
                                                   …..

                                        CORAM : SANJAY A. DESHMUKH, J.
                                        DATED : 25th AUGUST, 2026

                 PER COURT :-


                 1.          This Civil Revision Application is preferred against an order

                 below Exh.98, passed by the learned Civil Judge, Senior Division,

                 Bhoom, District Dharashiv (Osmanabad), in Special Civil Suit No. 7 of

                 2014, dated 20.02.2026, whereby the application filed under Order

                 VII Rule 11 of the Code of Civil Procedure, 1908, came to be

                 rejected.



                 2.          Learned advocate for the applicant pointed out the plaint

                 and the application at Exh.98 and submitted that the plaintiff, is the

                 wife of defendant No.3, he has sold the suit property to defendant

                 No.1, The wife has filed the suit seeking a perpetual injunction
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restraining    the   defendants   from       causing   obstruction   to   her

possession etc.


3.        Learned advocate for the applicant submitted that the

plaintiff being a Hindu wife has no right, title or interest in the suit

property. She is not a coparcener, she has no locus standi to file the

suit and, therefore, no cause of action did arise to file suit.           It is

further submitted that the suit was not properly valued. Therefore, the

application was filed seeking rejection of the plaint. It is further

submitted that the reasons and findings recorded in the impugned

order are not legal and sustainable, as, a Hindu wife cannot claim

any right in such coparcenary property which belonged to her

husband, who sold it for legal necessity. Learned advocate for the

applicant lastly submitted that the revision application be allowed, the

impugned order be set aside by allowing the application at Exh.98

and the plaint be rejected on the grounds stated in the said

application.


4.        Learned advocate for the applicant is relying upon the

following precedential laws:-


I)        In the case of Padhiyar Prahladji Chenaaji (Deceased)

through L.Rs. vs. Maniben Jagmalbhai (Deceased) Through

L.Rs. and others, in Civil Appeal No. 1382 of 2022, decided on

03.03.2022, in para 9.2, it is held that:-
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      “9.2           In the present case, once the defendant No.1 was
      held to be the true and absolute owner pursuant to the
      registered sale deed executed in his favour and the plaintiff
      was unsuccessful so far as the declaratory relief is concerned,
      thereafter, it cannot be said that there was a cloud over the
      title of the plaintiff and/or even the defendant. Therefore, the
      only relief which survived before the trial court was the
      consideration of relief of permanent injunction and having
      been unsuccessful in getting the relief of cancellation of the
      registered sale deed and the declaration thereof, the relief of
      permanent injunction could not have been granted by the trial
      court as well as by the first Appellate Court. This aspect of the
      case has been lost sight of by the High Court in the second
      appeal.”



II)         In the case of Uday Narendra Shah Vs. Narendra

Amritlal Shah; AIR 2014 Bom 119, in para 18, it is observed as

follows:-


              “18.        The claim by a wife during the life time of the
              husband in the share and interest which he has as a
              coparcener in his HUF is wholly premature and
              completely misconceived. Such bequest under the will
              does not show the title of the deceased to such
              property.     The deceased, therefore, could not have
              bequeathed any “monies” as “my share” in the 1/3
              share which her husband had in the HUF in which he
              was a coparcener along with his brothers, father and
              sons. Consequently the injunction in respect of such
              property cannot be granted as claimed.”
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III)         In the case of Smt. Gunjan Agrawal vs. Ashish Kumar

Gautam and another, First appeal No. 916 of 2026 decided on

25.11.2025, in para 20, it is observed as follows:-


             “20.         It is apparent that the plaintiff is no more the
             owner of the disputed property, since its ownership has
             already vested in defendant no.1 through sale deed
             dated 30.11.2022, which cannot be cancelled by the
             court for non-payment of sale consideration by the
             defendant to the plaintiff. Since the main relief of
             cancellation of sale deed cannot be granted to the
             plaintiff, even the consequential relief of permanent
             injunction also cannot be granted to her, for protecting
             her alleged possession in the disputed property, since
             the above defendant is the true owner of the disputed
             property.”



5.        Learned advocate for the respondents strongly opposed the

Revision Application and submitted that the learned trial Court has

passed a well reasoned order. Therefore, no interference is

warranted in it. The Respondent pleaded cheating and fraud which

are mixed question of law and fact. It is a matter of evidence, which

would establish whether a cause of action has arisen or not. It is

submitted that the existence of a cause of action is a question of fact

and can be ascertained only upon proper adjudication of the case on

merits, on the evidence in support of respective contentions of both

sides. It is lastly submitted that the revision application be dismissed.
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6.        Nobody will dispute principles, guidelines and law laid down

in all the above precedential laws cited by learned advocate for the

applicant.     It is well settled that facts of the particular case are

decisive to which law is to be applied. Therefore, each case has to be

decided on the basis of facts. However, keeping in mind the

principles, guidelines and law laid down in the above precedential

laws this Court proceeds to decide legality and propriety of the

impugned order.


7.        It is well settled that the cause of action can be ascertained

out of a bundle of facts. The fact of the case discloses a cause of

action, that the husband of the plaintiff has executed a sale deed in

favour of the applicant/defendant No.1, and she alleges that the said

sale deed was executed by cheating and practicing fraud upon her

husband. To prove and disprove the fraud parties have to lead

evidence. No doubt, a coparcener can challenge such a transaction.

But it is not that a member of the joint family cannot challenge the

sale deed on the ground of fraud. It certainly affects the right of

livelihood of the plaintiff and her other family members even though

she has no right to claim partition.        Therefore, even though the

plaintiff is the Hindu wife of defendant No.3, her right to challenge the

sale deed executed by her husband is not barred by Hindu Law.


8.        In    the   judgment   of      Padhiyar   Prahladji   Chenaaji
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(Deceased) through L.Rs. vs. Maniben Jagmalbhai (Deceased)

Through L.Rs. and others (supra), the Hon’ble Supreme Court

adjudicated upon the rights of the parties after the trial Court, the first

appellate Court and the High Court had rendered their respective

judgments on merits after appreciating the evidence, against which

the Civil Appeal was preferred before Hon’ble Supreme Court. In the

present case, however, an application under Order VII Rule 11 of the

Code of Civil Procedure, 1908, was filed on the ground that no cause

of action arose to the plaintiff to file suit which requires adjudication

on merit and suit is barred as plaintiff has no right to partition.

Therefore, the law laid down in the said authority cannot be applied to

this case at this stage, unless evidence is adduced.



9.        No doubt, in the case of Uday Narendra Shah Vs.

Narendra Amritlal Shah (supra), the wife had filed the suit but the

facts in that case were that during the life time of the husband, the

wife was claiming a share in the property of husband. In this case,

the wife is not claiming a partition in the husband’s property.

Therefore, the law laid down in the above authority is not helpful to

the applicant.



10.       In the case of Smt. Gunjan Agrawal vs. Ashish Kumar

Gautam and another (supra) the relief of cancellation of the sale
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deed was claimed by the plaintiff for non payment of sale

consideration. In this case the relief of cancellation of the sale deed

is not claimed. Hence, the said case law is not applicable to this

case.


11.       In the present case, the plaintiff has not sought the relief of

partition. She has not only claimed the relief of perpetual injunction

but has also sought other reliefs. Whether such reliefs can be granted

or not is to be adjudicated on the basis of the pleadings and evidence

etc. on merit. Having regard to all these factual and legal aspects

and the reasons recorded and findings arrived at by the learned trial

Court, this Court is of the view that those are legal and correct and do

not call for any interference. No case is made out for rejection of

plaint


12.      For the reasons discussed above, the precedential laws

relied upon by the learned advocate for the applicant are not helpful

to him and therefore those are not relied upon. The civil revision

application deserves to be rejected.     It is rejected accordingly. No

costs.



                                   (SANJAY A. DESHMUKH, J.)

rlj/


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