Sudhakar S/O Yashwantrao Thote And Three Others v. Pundlik S/O Yashwantrao Thote And Eleven Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.149 of 2012 (Sudhakar s/o Yashwantrao Thote and others v. Pundlik Yashwantrao Thote and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.S. Tembhare, Advocate for Appellants.

Shri S.R. Borkar, Advocate for Respondent No.1. Coram : R.K. Deshpande, J.

Date : 18 th July, 2016 The appeal was admitted on 29-10-2012 on the following substantial question of law :

Whether the daughters married prior to 1994 are entitled to a share equal to that of a coparcener, in a suit for partition filed in the year 2001, in view of the amended provision of Section 6 introduced on 09.09.2005? Heard the learned counsels appearing for the parties, who have invited my attention to the recent decision of the Apex Court in the case of Prakash and others v. Phulavati and others, reported in AIR 2016 SC 769, and submit that the controversy is covered by the said decision. Undisputedly, the common ancestor Yashwantrao died on 8-5-2001, i.e. prior to coming into

force of the Act on 9-9-2005. The suit in question was filed on 22-6-2001. The Trial Court passed a decree for partition and separation possession on 10-3-2008, which is required to be maintained in this appeal, in view of the decision of the Apex Court, cited supra.

The substantial question of law is, therefore, answered accordingly.

The second appeal is dismissed. No order as to costs. Judge.

Lanjewar

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Uploaded on : 20-7-2016 P.D. Lanjewar, PS to Hon'ble Judge