Laxmibai Laxman Kandhare vs Shantabai Laxman Kandhare And Ors
2022 Latest Caselaw 2703 Bom

                                                                           53.SA.153.22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                           SECOND APPEAL NO.153 OF 2022
                          WITH CA/4020/2022 IN SA/153/2022

                          LAXMIBAI LAXMAN KANDHARE
                                    VERSUS
                      SHANTABAI LAXMAN KANDHARE AND ORS

                                          ...
                Advocate for Appellants : Mr. Suryawanshi Govind G.
                                          ...

                                    CORAM   :   MANGESH S. PATIL, J.

                                    DATE    :   21.03.2022
PER COURT :

                 Heard.

2. This is a second appeal by the original defendant No.3 who had

successfully defended the suit of the respondent Nos.1 and 2 claiming to be

the wife of deceased Laxman and claiming a right to receive family pension.

By the judgment and order under challenge, the District Court allowed their

appeal, quashed and set aside the judgment and order passed by the trial

court and decreed the suit. There are inconsistent findings of the courts

below.

3. Apparently, the appellant has been claiming to be the wife of

Laxman. There was record to demonstrate that he had shown her as

nominee in the pension papers and accordingly has been admittedly

receiving the family pension. Even she is armed with a heirship certificate

issued under Bombay Regulation. Though there was a challenge by the

53.SA.153.22.odt

respondent Nos.1 and 2 to such certificate, the Appeal was dismissed. The

lower appellate court has refused to give any weightage to the factum of

heirship certificate having been issued in favour of the respondent No.3 as

the heir of deceased Laxman which decision has reached finality.

4. In view of the above circumstances, the Second Appeal involves

substantial question of law. Issue notices before admission, returnable on

02.05.2022. Till then execution and operation of the order passed by the

lower appellate court stand stayed.

(MANGESH S. PATIL, J.)

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