IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO.119/2010 SAU. SHAMA SHIVRAM JAISWAL & OTHERS ..VS.. ASHOKKUMAR NANDLAL JAISWAL & OTHERS =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : SMT. VASANTI A NAIK,J. DATED : 18 th June, 2010. Heard Shri Rohit Joshi, advocate for the appellant. The second appeal is admitted on the following substantial questions of law: 1] Whether the trial court, at the best ought to have returned the plaint to the plaintiff for presentation before the appropriate court having held that the matter exceeds the pecuniary jurisdiction of the court and therefore, the court had no jurisdiction to try the same? 2] Whether the appellant/ plaintiffs were at least entitled to the share in the mother’s property, who had admittedly died intestate, even assuming that in the year 1983 the appellants/ plaintiffs had relinquished their share in favour of their brothers and their mother. Call R & P. Shri Marpakwar, the learned counsel waives notice of hearing on behalf of respondents. JUDGE CIVIL APPCIATION [CAS] 218/2010 Heard Shri Joshi, the learned counsel for the applicant and Shri Marpakwar, the learned counsel for the respondents. The learned counsel for the respondents states that the respondents have instructed the learned counsel for the respondents that the respondents are not selling the suit property or creating any third party interest therein as the suit property is the only source of income to the respondents. In view of the submission made on behalf of the respondents, civil application is disposed of. It is further made clear that in case respondents would desire to sell the property during the pendency of this appeal, the respondent may do so only with leave of this court and after serving a copy of the civil application on the counsel for the appellant. JUDGE SMP