1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.900 OF 2009 WITH CIVIL APPLICATION NO.1107 OF 2009 Smt.Mangala Motilal Bhuta ..Appellant V/s M/s.Odhawji Lawji & Co. & Ors. ..Respondents ---- Mrs. Lalita Panchakshari with C.D.Karkhanis for the appellant. ---- Coram : R.S.MOHITE,J Date : 22.9.2009. PC 1 This is an appeal filed by the original plaintiff against the rejection of a Notice of Motion. The plaintiff has filed the suit for a declaration that she had a share in the partnership property. Admittedly, her father-in-law was one of the two partners of the said firm. The said father-in-law expired on 15.4.1975 leaving behind the Will executed by him in the year1974. I have perused the copy of the Will which categorically states that the husband of the plaintiff Motilal had no connection with the partnership business since he was separated and since partnership business was an independent business of the testator. It is also seen from the said Will that his share after payment of cost and expenses has been directed to be divided between his nephew and widow of his other son Muktabai. Though the father-in-law of the plaintiff expired in the year 1975, the plaintiff filed the suit in the year 2007 claiming as a heir of her deceased husband. In my view, the plaintiff has no 2 prima facie case and no fault can be found with the order impugned. Appeal is therefore, stands dismissed. CIVIL APPLICATION NO.1107 OF 2009 As the main appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3