Dashrath Bhika More Died Shantabai And Others v. Rekha Pandurang More And Another

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.454 OF 2015 Dashrath Bhika More (Died) LRs & Others APPELLANTS

VERSUS

Rekha Pandurang More & Another RESPONDENTS .......

Mr. Anant Devakate, Advocate for the appellants Ms. Anjali Dube (Bajpai), Advocate for respondents No.1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 9 th DECEMBER, 2015 ORDER :

1.

Heard learned advocates for the parties.

2.

The second appeal is admitted on following substantial questions of law.

1. Whether the courts below were right in their approach to consider that land survey No.428, the subject matter of the suit filed for partition by the plaintiffs, is a joint family property ?

2. Whether it emerges on record that the plaintiffs have sufficiently discharged their burden of showing said

{2} property to be joint family property ?

3. Whether evidence on record, which has been brought about by the defendants, indicates that said property is the property purchased by Mandabai for Shantabai ? 3.

Ms. Anjali Dube - Bajpai, learned advocate waives notice for respondents No.1 and 2.

[SUNIL P. DESHMUKH, J.] drp/sa454-15

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3689 OF 2014 IN SECOND APPEAL NO.454 OF 2015 Dashrath Bhika More (Died) LRs & Others APPLICANTS

VERSUS

Rekha Pandurang More & others RESPONDENTS .......

Mr. Anant Devakate, Advocate for the applicants Ms. Anjali Dube (Bajpai), Advocate for respondents No.1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 9 th DECEMBER, 2015 ORDER :

1.

All the proceedings for execution to go on save and except delivery of possession.

2.

Civil application stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/sa454-15