Rajendra Babu Awale And ORS. v. Smt. Jayabai Balu Shingade And ORS.

rpa 1/2 sa-381-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 381 OF 2008 Rajendra Babu Awale & Ors.

...

Appellants V/s.

Smt. Jayabai Balu Shingade (Since deceased through Lrs) 1a) Kausabai Vitthoba Atole & Ors.

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Respondents ......

Mr. A. B. Avhad, Advocate for the Appellants. Mr. Rahul Kate, Advocate for the Respondents. ......

CORAM : R. K. DESHPANDE, J.

DATED :

AUGUST 4, 2015.

P.C.

The trial Court passed a decree in Regular Civil Appeal No. 102 of 1997 holding the appellants - defendants are entitled to 10/27th share and 1/27th share in the suit property on the finding that they are illegitimate children of the deceased Babu Awale. The findings recorded by the trial Court were not challenged by the appellants before the Lower Appellate Court. The Lower Appellate Court has not reduced the shares of the Appellants.

rpa 2/2 sa-381-08.doc In view of this, no substantial question of law arises. Second Appeal is dismissed.

Needless to say that the appellants shall be at liberty to file cross-objection in accordance with law in Second Appeal No.271 of 2011.

JUDGE