Arunkumar S/O Narayandas Chourasiya And ANR v. Smt. Pushpa W/O Manoharrao Dashputre And Oths

1 sa379.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.379/2011 Arunkumar s/o Narayandas Chourasiya and another ..Versus..

Smt. Pushpa W/o Manoharrao Dashputre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 14.10.2015 Heard Shri V.V. Bhangde advocate for the appellants and Shri P.A. Markandewar advocate for the respondents. The following substantial questions of law arise for consideration :

"(i) Only because the plaintiff was residing in suit property, can it be construed that she possessed the property to attract Section 14(1) of the Hindu Succession Act, 1956 ?

(ii) Whether a daughter of predeceased son can claim share of her mother's coparcenery interest in suit property acquired by her mother by virtue of Section 3 of the Hindu Womens Right to Property Act, 1937, after her death in 1995 in absence of partition during her life time ?"

The appeal is admitted on the above substantial questions of

2 sa379.11 law.

Shri P.A. Markandewar learned advocate waives notice for the respondents.

The appellants shall file private paper book and decree forms within two months.

C.A.S. NO.773/2011 Until further orders, it is directed that the final decree proceedings shall go on, however, the possession of the appellants over the suit property shall not be taken without obtaining leave of this Court. The civil application is allowed in the above terms. JUDGE Tambaskar.