Abaso Dhondiram Katkar (Gal ... vs Rukmini Dhondiram Katkar
2022 Latest Caselaw 2902 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                     SECOND APPEAL NO.421 OF 2018
                                      WITH
                  CIVIL APPLICATION NO. 974 OF 2018


Abaso Dhondiram Katkar & Ors.                         ..     Appellants

                       Versus

Rukmini Dhondiram Katkar & Ors.                       ..     Respondents

                                          ...

Mr.Prabhanjan Gujar for the Appellants/Applicants.

                                          ...

                           CORAM: BHARATI DANGRE, J.

DATED : 24th MARCH, 2022

P.C:-

1. The second appeal deserves admission on the following substantial questions of law.

A. Whether the Courts below erred in considering the Sections 6, 8, 9 and 10 of the Hindu Succession Act, 1956 in it's proper perspective specifcally in calculating the shares of the parties?

B. Whether the Courts below erred in relying on the evidence of the Dashrath Sadashiv Gaikwad (PW-1) who is a Power of Attorney holder of the Plaintiff's and was not having any personal knowledge of the facts and

M.M.Salgaonkar

2/2 11 SA 421-18.doc

further specifcally the original Plaintiff No.1 was available for deposition?

C. Whether the Courts below failed to consider the Section 16(3) of the Hindu Marriage Act, 1955 in respect of legitimacy of children of void and voidable children?

2. Admit.

3. Issue notice to the respondents, stating that the appeal is admitted.

4. The appellants shall fle a private paper-book within a period of six months. Upon such paper-book being fled, the parties are at liberty to circulate the appeal for fnal hearing as per the convenience of the Court.

CIVIL APPLICATION NO.974 OF 2018

5. Issue notice to the respondents on the application, seeking stay to the impugned judgment, making it returnable on 26/04/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar