Sattarsha Dilbarsha And Others v. Ajizabi Dilbarsha And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 263 of 2018 IN Second Appeal No. 280 of 2016 [Sattarsha Dilbarsha & others Vs. Ajizabi Dilbarsha & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Akhtar Ansari, Adv., for the applicants.

Mr. V. G. Palshikar, Adv., for respondent nos. 1 and 2. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

20th February, 2018 By order dated 13th July, 2017, the issue as regards respective shares of the parties to which they would be entitled by virtue of partition was referred to the appellate Court under provisions of Order-XLI, Rule 25 of the Code of Civil Procedure, 1908. Said issue has been answered by the first appellate Court on 30th October, 2017. After that adjudication, the appellants seek to raise additional substantial questions of law. In view of aforesaid, the application is allowed and the appellants are permitted to amend the Memorandum of Appeal. Amendment be carried out within one week.

Civil Application is disposed of.

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Second Appeal No. 280 of 2016 :

Question No. XIII as framed in the Memorandum of Appeal shall be treated as the substantial question of law arising in the appeal.

Judge |hedau|