IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.414/2010 SARLA PRADEEP MANDRE ..VS.. SMT. KUMUD MANDRE & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 25 /10 / 2010 Heard the learned counsel for the parties. The second appeal is admitted on the following substantial questions of law: 1] Whether the present suit filed by respondent no.1 & 2 against the appellant was barred by provisions of Order 2 Rule 2 of Code of Civil Procedure Code? 2] Whether the suit was filed by respondent no.1 & 2 within the prescribed period of limitation? Call R & P. Shri Bashir, the learned counsel waives notice of hearing on behalf of respondent no.1 & 2 & Shri S.R.Deshpande, the learned counsel waives notice of hearing on behalf of respondent no.3. JUDGE CIVIL APPLICATION CAS NO.773/2010 Heard the learned counsel for the parties. The appellant has made out prima facie case. In such circumstances, the respondents no.3 & 4 are restrained from disbursing the amount which is payable in terms of the Succession Certificate, either to the appellant or to the respondent no.1 & 2. The civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.