Sharda Balaji Nimbalkar v. Maruti Parsaram Jogdand And ORS

sast4342.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL (ST.) NO. 4342 OF 2016 Sharda w/o Balaji Nimbalkar ..APPELLANT

VERSUS

Maruti s/o Prasaram Jogdand & ors.

..RESPONDENTS Mr M. M. Patil (Beedkar), Advocate for appellant; Mr P. H. Sukale, Advocate holding for Mr K. J. Suryawanshi, Advocate for respondent No.1 CORAM : N.W. SAMBRE, J.

DATE : 23rd June, 2017 ORAL ORDER The relation between appellant and respondents that of successor under the Hindu Succession Act, is not disputed. 2.

Admit in view of following substantial question of law: "Whether the lower Court has committed an error in denying the share to the appellant, being daughter of the deceased Parasram in the wake of amendment to the Hindu Succession Act?"

3.

Mr Suryawanshi, learned Counsel waives notice on behalf of respondent No.1.

sast4342.16 (2) 4.

Mr Patil, learned Counsel appearing on behalf of appellant undertakes to file paper book within a period of six months from today. Undertaking is accepted. If paper book is not filed within stipulated period, the appeal shall stand dismissed without further reference to the Court. (N.W. SAMBRE, J.) sjk