Tolibai Kisan Rathod (Dead) Thr. Lrs Vitthal Kisan Rathod And Others v. Ramdas Balchandra Chavan And Others

7-CAS-651-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.651 OF 2017 IN SECOND APPEAL ST. NO.13491 OF 2017 Tolibai Kisan Rathod (dead) Thr. Legal heirs Vitthal Kisan Rathod and ors. -vsRamdas Balchandra Chavan and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. I. Dhatrak, Advocate for applicants/appellants. CORAM : A.S.CHANDURKAR, J.

DATE : February 24, 2018 Perused contents of the application. The non-applicants though served have not chosen to oppose the prayer made in the application. Considering reasons mentioned, the delay in filing the second appeal stands condoned. Civil Application is allowed and disposed of. Second Appeal St. No.13491 of 2017 Heard.

Admit on the following substantial question of law: " When admittedly the plaintiff was the daughter of Megha and Chaplibai, whether the half share that was granted by the trial Court could have been further reduced by the appellate Court by treating the plaintiff to be deemed to be adopted daughter of Bhalchandra ?" Civil Application (CAS) No.652 of 2017 Issue notice, returnable after three weeks.

JUDGE Asmita