Shesharao Baburao Rautrao And ORS v. Smt. Yamunabai Baburao Rautrao

sa206-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.206 OF 2016 Shesharao Baburao Rautrao and Others APPELLANTS

VERSUS

Yamunabai Baburao Rautrao & Another RESPONDENTS .......

Mr. Sunil V. Warad, Advocate for the appellants Mr. H. P. Jadhav, Advocate for respondents No.1 and 2 (Absent) .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 31 st JANUARY, 2017 ORDER :

1.

Despite service, none appears for the respondents. 2.

Heard learned advocate for the appellants. After hearing learned advocate for the appellants following question appears for consideration in the second appeal - "Whether decisions delivered by the two courts hitherto, about defendant having been not able to prove the contended previous partition stated to have been effected in 1992, and where on evidence it emerges that two sale deeds have in fact been executed by deceased Baburao in 2004 and were not objected to during his lifetime, nor even in the suit, are sustainable?

3.

Admit.

[SUNIL P. DESHMUKH, J.] drp/sa206-16

sa206-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2938 OF 2016 IN SECOND APPEAL NO.206 OF 2016 Shesharao Baburao Rautrao and Others APPLICANTS

VERSUS

Yamunabai Baburao Rautrao & Another RESPONDENTS .......

Mr. Sunil V. Warad, Advocate for the applicants Mr. H. P. Jadhav, Advocate for respondents No.1 and 2 (Absent) .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 31 st JANUARY, 2017 ORDER :

1.

Heard.

2.

The second appeal has been admitted on the question as has been framed.

3.

As such, there shall be interim relief in terms of prayer clause "B" during pendency of the second appeal. 4.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH, J.] drp/sa206-16