Shri. Vasant Narayan Beknalkar v. Shri. Ashok Narayan Beknalkar And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.617 OF 2016 WITH CIVIL APPLICATION NO.2058 OF 2015 Shri Vasant N. Beknalkar ... Appellant Vs Shri Ashok N. Beknalkar & Ors.
... Respondents ...
Mr. S.S.Patwardhan for the Appellant.
Mr. A.M.Adagule for the Respondent No.1, 3(i) to 3(iv). Mr. Ashok M. Misal for Respondent Nos.2A and 2B. CORAM : SANDEEP K. SHINDE J.
DATE : 4 FEBRUARY, 2019 P.C. :
Heard learned counsel for the parties.
Perused the judgments in the cases of Danamma alias Suman Surpur and another v. Amar and Others1 and Prakash and Others v. Phulavati and Others2 . There is conflict of opinion in the aforesaid two judgments regarding interpretation of Section 6 of the Hindu Succession Act, 1966 and, therefore, in the case of Vinita Sharma v. Rakesh Sharma Civil Appeal Diary No(s).32601 of 2018, the issue has been referred to larger bench. 2018(3)Mh.L.J.
(2016) 2 Supreme Court Cases 36 Shivgan 1/3
In view of this, the present appeal gives rise to substantial question of law on the following ground: "(c) Whether partition effected between plaintiff respondent no.1 herein and defendant no.1 appellant herein in pursuance of judgment and decree dated 7/3/2000 passed by learned Trial Court is partition for the purposes of sub section 5 of section 6 of Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005 (Act 39 of 2005) which has come into effect on 9/9/2005 ?"
Admit.
Call records and proceedings from the trial Court. Mr. Misal waives service on behalf of the Respondent Nos.2A and 2B.
Mr. Adagule waives service on behalf of the Respondent Nos.1, 3(1), 3(2), 3(3) and 3(4). Other respondents are served but not present.
Liberty is granted to the parties to apply for final hearing after larger bench renders its decision on the controversy. (SANDEEP K. SHINDE, J.) Shivgan 2/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2058 OF 2015 IN SECOND APPEAL NO.617 OF 2016 Shri Vasant N. Beknalkar ... Applicant Vs Shri Ashok N. Beknalkar & Ors.
... Respondents ...
Mr. S.S.Patwardhan for the Appellant/Applicant. Mr. A.M.Adagule for the Respondent No.1, 3(i) to 3(iv). Mr. Ashok M. Misal for Respondent Nos.2A and 2B. CORAM : SANDEEP K. SHINDE J.
DATE : 4 FEBRUARY, 2019 P.C. :
Heard learned counsel for the parties.
It is against the decree of partition, the present appeal is admitted by this Court today on the substantial question of law. In view of this, process of partition may go on but actual possession is deferred and stayed till the disposal of this appeal. (SANDEEP K. SHINDE, J.) Shivgan 3/3