Maroti Kisan Giri (Dead), Thr. His ... vs Smt. Kantabai W/O Hari Giri And ...
2022 Latest Caselaw 9663 Bom

                                                                                                  8-WP4821.22.odt
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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR.

                           WRIT PETITION NO. 4821 OF 2022
                              Maroti Kisan Giri (dead) thr. LRs.
                          Smt.Indirabai wd/o Maroti Giri and others
                                            -Vs.-
                            Smt.Kantabai w/o Hari Giri and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                                         Mr.M.M.Sawang, counsel for the petitioners.
                                         Mr.N.R.Rode, AGP for respondent No.4.



                                                 CORAM : MANISH PITALE, J.

DATE : 22.09.2022

Heard the learned counsel appearing for the petitioners.

2. The grievance sought to be raised on behalf of the petitioners is that the share in the properties are not being worked out in terms of direction of this Court specified while disposing of second appeal arising out of a partition suit.

3. The Court below has proceeded on the basis of law laid down by the Hon'ble Supreme Court in the case of Vinita Sharma v. Rakesh Sharma, reported in AIR 2020 SC 3717.

4. Prima facie, it appears that the Court below is justified for the reason that in the said judgment, the Hon'ble Supreme Court itself has clarified that since daughters are to be treated equal to sons in terms of the KHUNTE 8-WP4821.22.odt

amendment, which is interpreted in the said judgment, wherever preliminary decrees are drawn and final decree proceedings are pending, the ratio of the said judgment has to be applied.

5. The learned counsel for the petitioners seeks some time to consider the aforesaid position and then to make submissions before this Court.

6. List this petition for further consideration on 07/10/2022.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:23.09.2022 11:01

KHUNTE