Bharti D/O Deorao Meshram And 6 ORS v. Manorama Wd/O Deorao Meshram And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No.870 of 2015 IN Second Appeal No. 409 of 2013 [Bharti Deorao Meshram & others Vs. Smt. Manoram Deorao Meshram & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A. J. Thakkar, Adv., for the appellants. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

24th August, 2017 By this application, it is prayed that the appeal be decided expeditiously as the appellant no.2 is a Senior Citizen.

Learned counsel for the appellants was heard for some time on the substantial question of law as framed. Learned counsel referred to various decisions in support of his contention that the defendants were not entitled for share in the suit property in view of provisions of Section 16 (3) of the Hindu Marriage Act, 1955. It was fairly brought to the notice of the Court that in Revanasiddappa Vs. Mallikarjun & others [AIR 2011 SC (Supp) 155], a reference has been made by the Honourable Supreme Court to a Larger Bench to

decide the scope of the aforesaid provision. It is submitted that Civil Appeal No. 2844 of 2011 in which said reference has been made is still pending. Accordingly, this application is disposed of by granting liberty to the appellants to apply to the Court for disposal of the appeal after said Reference is decided.

Judge |hedau|