IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.65 OF 2008 WITH CIVIL APPLICATION NO.166 OF 2008 Smt.Surekha Lalasahed Shinde & Ors.)..Appellants Versus Shri Tarabai Baburao Shinde & Anr. )..Respondents ---- Mr.Amit Sale for the appellants. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.4.2008. PC 1. This is an appeal filed by the original defendant who is the widow of one deceased Lalasaheb who was in the army and expired in the Kargil operation. The original applicant was the mother of the said Lalasaheb and she has filed an application for grant of succession certificate in respect of an amount of Rs.14 lakhs and odd which was paid by the army and which was lying in the bank account of the present appellant. The appellant had 2 daughters and in the circumstances, the mother of Lalasaheb restricted her claim to the share of 1/4th of the amount lying in the bank account of the appellant. At an interim stage on a preliminery issue, the matter was carried upto the High court and this Court held that the application for succession certificate was maintainable not-with-standing the : 2 : fact the amount paid by the army was lying in the bank account of the appellant. Thereafter the matter proceeded on merits and both the Courts have granted the application. The only point which was sought is that since the amount was lying in the bank account of the appellant, succession certificate could not have been issued. This very point was decided by this Court in a revision against the preliminery issue. In this view of the matter, there is no substantial question of law involved in this appeal and the appeal stands rejected. CIVIL APPLICATION NO.166 OF 2008 . As the Second Appeal is rejected, Civil Application does not survive and stands disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)