Mrs. Swarna Pramod Bhunje And ANR v. Sukumar Gajanan Birajdar And ORS

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 540 OF 2024 WITH INTERIM APPLICATION NO. 12258 OF 2024 IN SECOND APPEAL NO. 540 OF 2024 Mrs. Swarna Pramod Bhujne and anr .....Appellants Vs.

IRESH MASHAL Sukumar Gajanan Birajdar and Ors .....Respondents Digitally signed by IRESH MASHAL Date:

2024.09.09 12:36:52 +0530 Mr. Nitin P. Deshpande through VC a/w Mrs. Anjali S. Shinde for the appellants CORAM : GAURI GODSE, J.

DATE :

2nd SEPTEMBER 2024 ORDER:

1.

Heard learned counsel for the appellants. The second appeal is admitted on the following substantial questions of law: (i) Whether the appellants would be entitled to claim share in the share of their father received at the time of partition on 5th January 1985?

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(ii) Whether in view of section 8 of The Succession Act, 1956 father's share would devolve upon his heirs which would also include the appellants, and, would they be entitled to claim share in the share received by their father.

(iii) Whether on death of father, appellants would be entitled to get share in the share received by the father at the time of earlier partition?

(iv) Whether both the Courts erred in not properly appreciating the legal principles settled in the decision of Apex Court in the case of Vineeta Sharma Vs. Rakesh Sharma and Others1 and whether erroneously refused the share to the appellants in the share received by their father?

2.

In addition to Court notice, learned advocate for the appellant shall serve the respondents by private notice and file affidavit of service.

3.

Call for record and proceedings. Printing is dispensed with. 4.

Learned advocate for the appellant shall file private paper-book (2020) 9 SCC 1 2/3

within a period of one year.

INTERIM APPLICATION NO. 12258 OF 2024:

5.

Learned counsel for the applicants seeks leave to amend the application.

6.

Leave granted. Amendment to be carried out within four weeks. 7.

List the interim application under the caption for "Urgent Orders" on 26th November 2024.

[GAURI GODSE, J.] 3/3