Chiranjilal Jeskaranji Sharma v. Arun Jeskarnji Sharma

CAS10-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

C.A.S.No.10/2015 in Second Appeal St. No.20806/14 (Chiranjilal J. Sharma .vs. Arun J. Sharma ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. U.J. Deshpande, Advocate for Applicant.

Mr. S.A. Mohta, Advocate for Respondent.

CORAM : A.V. Nirgude, J.

DATED : March 31, 2015.

Heard.

For the reasons stated in the application, delay is condoned. Appeal taken up for hearing for admission.

S.A. St. No.20806/2014 Heard.

The appellant is challenging concurrent findings recorded against him that the respondent is entitled to his share in the partition of joint family property. The appellant/defendant took a stand that the respondent was given in adoption in another branch of the family and, therefore, he is not entitled to any share in the property of his natural father. This stand was, however, rejected on facts by both the Courts concurrently. Besides this, there is no issue between the parties. The appellant cannot now avoid the outcome of this litigation. The appeal does not give rise to any substantial question of law. Dismissed.

JUDGE halwai