-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.1237 OF 2005 APPEAL NO.1237 OF 2005 APPEAL NO.1237 OF 2005 Bhau Mahadeo Ghadi (since deeased through L.Rs.) ...Appellants vs. Anant Hari Ghadi (since deceased through L.Rs.) ...Respondents Ms S.A.Mudbidri for the Appellants Ms Deepti Wadkar h/f Mr.S.B.Shetye for Respondent Nos.1A & 3C Mr.V.S.Gokhale for Respondent No.5 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 16, 2008 : FEBRUARY 16, 2008 : FEBRUARY 16, 2008 P.C.: P.C.: P.C.: 1. Heard learned Advocates for the parties. Second Appeal arises out of a suit for partition and separate possession. The Appeal is preferred by the legal representatives of the original defendant No.1. The synopsis of the Second Appeal itself records that only a limited grievance has been made in this Appeal. The limited grievance is that the share of deceased Yamunabai is granted in favour of the Plaintiffs and defendant No.6. The submission is that the share is granted on the basis of the alleged Will of Yamunabai which is not duly proved. 2. It is not in dispute that even if it is assumed that the Will is not proved, the present Appellants who are the legal representatives of the original defendant No.1 will not -2- entitled to inherit any share in the undivided share of Yamunabai as the original defendant No.1 died prior to demise of the said Yamunabai. Even if the submission of the Appellants is accepted, the share granted to them will remain unaltered. Considering the fact that there is only a limited challenge as stated aforesaid, it is not necessary to entertain the Second Appeal and the same is accordingly dismissed with no order as to costs. JUDGE JUDGE JUDGE