Smt. Anusaya Wd/O Anandrao Borkar And Other v. Smt Kamal Anandrao Borkar And Others

59..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 356 OF 2025 Smt. Kamal Kunal Dhoble Vs. Anusaya Anandrao Borkar and ors WITH SECOND APPEAL NO. 30 OF 2024 Anusaya Anandrao Borkar and ors Vs. Smt. Kamal Kunal Dhoble Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V. N. Morande, Advocate for appellant in S.A. No.30/24 and for Respondent No.1 and 2 in S.A No.356 of 2025.

Mr. R. L. Kadu, Advocate for respondent No.1 to 5 in S.A. No.30/24 and for Appellants in S.A. No.356/25.

CORAM : ROHIT W. JOSHI, J.

DATE : 23.12.2025.

.

The learned First Appellate Court has recorded a finding that all the suit properties except property at Schedule-C in the table of the properties are ancestral properties of deceased Anandrao and his family. The family comprises of deceased Anandrao, husband of plaintiff no.1 (first wife) and defendant No.1 (second wife) and father plaintiff no.2 (son from first wife) and defendant nos. 2to 5 (children from second wife). 2.

In addition to substantial question of law framed vide order dated 22.02.2024 following substantial question of law arises for consideration:- (iii).

Whether shares of the plaintiffs and defendant Nos.2 to 5 in the suit property which are held to be ancestral properties should be

59..odt 7/18th each for plaintiff Nos.1 and 2 and 1/18th each for defendant Nos.2 to 5?

3.

Call record and proceedings.

4.

Parties are put to notice that the appeal may be heard finally at the stage of admission.

5.

Stand over to 21.01.2026.

(ROHIT W. JOSHI, J.) Tanmay...