IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO.59 OF 2010 Amanullah Khan Habibullah Khan ..vs.. Smt. Shahnaz Begum w/o Abdul Khaliq & others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Masood Sharif, counsel for the applicant. C ORAM : SMT. VASANTI A NAIK,J. DATED : 17th MARCH, 2010. Heard learned counsel for the appellant. The second appeal is admitted on the following substantial question of law: 1] Whether the sale deed executed by the defendant no.1 in favour of defendant no.2 / appellant on 29.3.1989 could have been declared to be illegal and void ab-initio in a suit for partition filed by the plaintiff against her brother / defendant no.1 when the property sold to the defendant no.2 was 45.39 sq. meters and the total property admeasured 162.90 sq.meters? 2] Whether the sale deed, at the most, could have been declared void to the extent of plaintiff’s share in the property? JUDGE CIVIL APPLICAITON NO. 238/2010 Civil Application is allowed and disposed of. JUDGE CIVIL APPLICATION NO.98/2010 Issue notice to the respondents making the same returnable on 8.4.2010. Since the second appeal is admitted, the judgments passed by the trial court and the appellate court are stayed in the meanwhile. JUDGE SMP