Smt. Kalawatibai Wd/O Kishtamma Gonewar v. Smt. Jankammabai W/O Ragholu Ganewar (Dead) And Others

1 sa159.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Second Appeal No.159/2018 Kalawatibai Gonewar Vs. Jankammabai Ganewar (D) Through LRs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Deshpande, Advocate for appellant Mr. S.S. Pardhy h/f Mr. S.K. Pardhy, Advocate for respondents CORAM :MANISH PITALE, J.

DATED : SEPTEMBER 26, 2019 Heard learned counsel for the parties.

2.

In addition to the two substantial questions of law framed by this Court by order dated 20/4/2018, the following substantial question of law also arise in the present case.

"(3) Whether the Courts below took into consideration the fact that death of Ragholu occurred prior to Hindu Succession Act, 1956, coming into force and its implications on the claims of the rival parties in the present case and whether the Hindu Women'

s Right to Property Act, 1937 read with Section 14 of the Hindu Succession Act, 1956, would have an impact on the claims of the rival parties in the facts of the present case?"

2 sa159.18.odt 4.

ADMIT on the aforesaid 3 substantial questions of law framed by this Court.

5.

Since the record and proceedings were called by order dated 20/4/2018, office to ensure that the record and proceedings are received at the earliest. Civil Application (CAS) No.424/2018 In this application, notice was issued by order dated 20/4/2018. Since the appeal is admitted on substantial questions of law framed by this Court, the interim relief granted by the aforesaid order is confirmed and the application is disposed of. JUDGE MP Deshpande