Vithabai Shakar Chougule And ORS v. Mainabai Dattu Kutale

1606sa370.05.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Second Appeal No.370 of 2005 (Vithabai w/o Shankar Chougule and others v. Mainabai w/o Dattu Kutale and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri D.B. Patil, Advocate for Appellants.

Shri M.S. Bagkar, Advocate for Shri N.V. Bandiwadekar, Advocate for Respondents.

Coram : R.K. Deshpande, J.

Dated : 16 th June, 2015 Shri M.R. Suryavanshi, the learned counsel appearing for the appellants, seeks discharge from the proceedings. Shri D.B. Patil, the learned counsel, submits that he appears for the appellants.

In view of this, Advocate Shri M.R. Suryavanshi is discharged from the proceedings.

The Trial Court dismissed the suit for partition and separate possession. The Appellate Court dismissed the appeal. Hence the original plaintiffs are before this Court against the concurrent findings of fact recorded by the Courts below. In a suit for partition, some of the respondents, who are the original defendants, are expired. Their legal representatives are not brought on record.

The appeal stands abated in its entirety. The same is dismissed as such.

Judge.

Lanjewar