Uttam Narayan Kakade v. Smt. Radhabai Ramrao Kakade And Others

sa65of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL 65 OF 2019 (Uttam Narayan Kakade..vs.. Smt. Ramrao Kakade & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri. N.S. Deshpande, counsel for petitioner. CORAM: ROHIT B. DEO, J.

DATE: 22 nd MARCH, 2019.

Suit for partition and separate possession is decreed against the appellant who is the original defendant. The judgment and decree of the trial Court is confirmed in Regular Civil Appeal 32 of 2014 which is dismissed. Shri N.S. Deshpande, the learned counsel would submit that the question of law which is involved is whether the property which fell to the share of Shri Narayan Kakade - the father of original defendant would be self acquired or ancestral. The plaintiffs are the legal heirs of Ramrao the deceased son of Narayan Kakade.

Both the Courts have concurrently held that the property would be ancestral qua the sons. This finding is unexceptionable on facts and in law.

The appeal does not involve any question of law much less substantial question of law and is dismissed with no orders as to cost.

JUDGE rsb