Ganesh Devidas Shrikhande v. Sitaram Punamchand Heda (Dead) Through Lrs. Smt. Rajani Kanhayyalal Rathi And Others

1-CAS553.20 ORS.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Civil Application (S) Nos.553/2020, 554/2020 and 555/2020 in Second Appeal No.433/2003(D) Ganesh D.Shrikhande and others Vs.

Sitaram Punamchand Heda since deceased through his LRs Smt. Rajani K.Rathi and others.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri P.S.Patil, Advocate for applicants/appellants. Ms. Vidya Umale, Advocate holding for Shri A.V.Khare, for non applicant no.3 CORAM :- A.S.CHANDURKAR, J.

DATED :- DECEMBER 21, 2020.

Before issuing the notice on Civil Application (S) Nos.553/2020 and 554/2020, I have heard the learned counsel for the applicants on Civil Application (S) No.555/2020. In Second Appeal No.433/2003 the decree passed in Special Civil Suit No.19/1974 was confirmed. It was further clarified that the plaintiffs would be entitled to claim equitable partition from the share of the defendant no.3-Ramesh.

In that view of the matter, there is no need for any modification/clarification of the said judgment as prayed in the Civil Application (S) No. 555/2020. All the civil applications are therefore dismissed.

JUDGE Andurkar..