1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.174/2010 WITH CA NO.6468/2008. (Sau.Sushilabai Shashikant Wani and Ors. Vs. Ranchod Hari Wani, died through L.R. Pushpabai Ranchod Wani and ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.MS Deshmukh, Adv. for appellants; Mr.JR Shaikh, Adv. for R.Nos. 1A to 1C and 1E. ________ CORAM : K.U.CHANDIWAL, J. DATE : 23 rd March, 2010. ... 1) Heard learned Counsel extensively. 2) Decree in RCS No.59/1992 was subject of challenge in RCA No.48/2003 and the defendants lost and hence this Second Appeal. 3) During the course of submissions, it revealed that RCS No.49/1992 by present defendants as simplicitor injunction was filed on 4.7.1992, which was also tried and decided simultaneously while deciding RCS No.59/1992 dated 4.12.2002. It is a matter of record that the defendants/appellants herein have filed Special Civil Suit No.194/1992, pending before the learned CJSD, Jalgaon on the very day on 4th July, 1992, for title in question by way of testamentary succession, basically challenging 2 alleged Will-deed in favour of father (Respondent in the present appeal). 4) In the light of above scenario, Second Appeal does not project any substantial question of law. However, it is clarified, that observations in RCS No. 59/1992 shall be subject to outcome of Special Civil Suit No.194/1992 and parties are at liberty to meet the challenges in Special Civil Suit No. 194/1992. 5) With the above observations, Second Appeal with CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/sa174.10