Parubai Vishwanath Nagargoje And ANR v. Bhagoji Mahada Nagargoje Died Th Lrs Jagannath Bhagoji Nagargoje And ORS

1 SA 374-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABA SECOND APPEAL NO. 374 of 2013 Parubai W/o Vishwanath Nagargoje & Anr.

...APPELLANTS

VERSUS

Bhagoji Mahada Nagargoje (DIED) Through : Legal representatives and others ...RESPONDENTS Mr M.S. Choudhary, Advocate for appellants Mr V.V. Bhavthankar, Advocate for respondents No.1/1 and 3/1. CORAM : NITIN W. SAMBRE, J.

DATE : 10th October, 2017 ORAL ORDER :

Having heard Shri Choudhary, learned Counsel for appellants, for some time, in my opinion, the appeal needs admission on the following substantial question of law :

Whether the lower Appellate Court was right in describing and allotting share of the present appellants having held that the the provisions of the Hindu Succession Act, 1956 are applicable; and provision of the Hindu Women's Right to Property Act, 1937 is not available to the appellants herein ?

2 SA 374-2013 2.

Hence Admit.

3.

Learned Counsel Mr Bhavthankar waives service of notice on admission of appeal on behalf of respondents No. 1/1 and 3/1. 4.

The appellants undertake to file paper book within a period of six months from today. If they fail to file paper book within the stipulated period, the appeal shall stand dismissed, without further reference to the Court.

( NITIN W. SAMBRE, J.) pjm