: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1025 OF 2005 SECOND APPEAL NO.1025 OF 2005 SECOND APPEAL NO.1025 OF 2005 Agatrao Dnyanoba Salunkhe, Deceased, . Thru’ Yesabai Aagatrao Salunkhe & Ors. ...Appellants V/s. Dhondiram Dhanoba Salunkhe & Ors. ...Respondents Mr.P.R. Arjunwadkar, Advocate, for the Appellants. Mr.Dnyaneshwar Bhalke, Advocate, h/f. V.S. Talkute, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. Second Appeal is admitted on the following substantial questions of law :- (a). Whether the Appellate Court completely lost sight of the legal effect of the fact that Dnyonaba died in the year 1952 and even according to the case of the plaintiff as reflected from his cross-examination, the widow of Dnyanoba died 6 to 7 years after the demise of Dnyanoba? : 2 : (b). Whether the Appellate Court completely ignored that as the widow of Dnyanoba died after coming into force of the Hindu Succession Act, 1956, the said widow and consequently on her demise her daughters were entitled to a share in the property of Dnyanoba? (c). Whether the suit was not maintainable on the ground of non inclusion of all properties which could have been subjected to partition? 2. Printing is dispensed with. Private paper-book to be filed within a period of one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]