IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.313/2010 JAWAHARLAL MOTILALJI CHOBE & ORS ..VS.. SMT. RAMKUWAR SURJAPRASAD AWASTHI & 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: 9/8/2010 Heard Shri Khare, the learned counsel for the appellants. The second appeal is admitted on the following substantial questions of law: 1] Whether the findings in the previous suit bearing Civil Suit No.186/1975 that the respondent did not have a right to dispute the partition effected by her father in the year 1969, would operate as res-judicata in the present proceedings and it would not be possible for the courts to have held that there was no partition effected by the father of the parties in the year 1969? 2] Whether the amendment to the provisions of section 6 of the Hindu Succession Act, (as amended from 9.9.2005), would be applicable to the facts of this case? Call R & P. Shri Vyas, the learned counsel for the respondent waives notice on behalf of respondent no.1 JUDGE CIVIL APPLCIATION CAS NO.561/2010 Heard learned counsel for the parties. Perused the judgment passed by the trial and the first appellate court. In the facts and circumstances of the case, appellants are directed to furnish solvent surety / security to the tune of Rs.5,00,000/- to the satisfaction of the trial court. Civil application is allowed in the aforesaid terms and the judgments passed by the courts are stayed during the pendency of the second appeal. JUDGE SMP.