Smt. Jeejabai W/O Bhaurao Bhoyar vs Shri Govinda S/O Keshao Pawankar ...
2021 Latest Caselaw 10768 Bom

Order                                                                                    10 sa 740-2017
                                                      1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH, NAGPUR.
                               CIVIL APPLICATION (CAS) NO.311/2021 IN
                                     SECOND APPEAL NO.740/2017
        Smt Jeejabai w/o Bhaurao Bhoyar, -VS- Shri Govinda s/o Keshao Pawankar and others.

Office notes, Office Memoranda of
Coram, appearances, Court's orders                          Court's or Judge's Orders
or directions and Registrar's orders.

                                         Mrs V.P. Thakre, Advocate for appellant.
                                         CORAM : S.M. MODAK, J.

DATE : AUGUST 10, 2021.

This is plaintiff's second appeal. The Trial Court declared plaintiff and defendant nos. 1 to 5 entitled to 1/6 th share. Whereas the First Appellate Court has modified the share. Plaintiff and defendant no.5 being daughters were entitled to 1/30th share and defendant nos.1 to 4 entitled to 7/30 th shares. I do not think that the decree need to be stayed. If the plaintiff will succeed, she can ask for the modification from the Revenue Authorities.

Hence, the application is disposed of. SECOND APPEAL NO.740/2017 The paper book is already filed. The appellant submitted that the First Appellate Court has considered the judgment in case of Prakash and others Vs. Phulavati and another and it was subsequently overruled by Hon'ble Supreme Court in case of Vineeta Sharma Vs. Rakesh Sharma and another .

In view of that there is a prayer to fix the matter for final hearing. It will be considered on the next date.

The matter be kept on 07/09/2021.

JUDGE

R.S. Sahare