1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.367 OF 2009 WITH C.A. NO.1617/2009 ---------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ---------------------------------------------------------------------------------------------- Mr. S.S.Patil, Adv., for the appellant. Mr. G.A.Gadhe, Adv., h/f Mr. P.R.Katneshwarkar, Adv., for respondent nos. 1 to 3. ... CORAM : K.U.CHANDIWAL, J. DATE: 10 th June, 2009 ... 1) The matter is at the stage of admission. R & P is called. 2) The matter can be disposed of at the admission stage itself. 3) The controversy revolves to a gift deed of 1986 executed by Indrabai in favour of defendant – Social Young Group, a trust. The revenue record indicates that there was mutation. The defendant, after moving the Municipal Council for construction permission, got building constructed over the property, carrying out social activities. 2 The will deed purported to be executed is subsequent to the gift deed. The Counsel could not point that RCS No.327/1981 of Sundrabai against her brother Narayandas was incorporating the suit property also which has been decreed in the year 1998. Even otherwise, such decree could not have its adverse impact on the rights procured by Indrabai in relation to the suit property which has been gifted by her in favour of the defendant. The finding recorded by the learned Judge, based on perusal of the gift deed and the judgment in RCS No.327/1981 or the earlier proceedings between the parties does not warrant for interferance. No merit in the appeal. It is dismissed with Civil Application. (K.U.Chandiwal) Judge. agp/office/ fa367-09