1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No. 436 of 2003 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri B.S. Kudale, for the appellant and Advocate Shri P.S. Agarwal, holding for Shri Swapnil Patil for Respondent No.1. 2. This appeal is filed by original defendant Shobhabai being aggrieved by the judgment and decree passed in Regular Civil Suit No. 338 of 1988 by learned Joint Civil Judge, Junior Division, Hingoli decided on 13.7.1993, thereby declaring that both, Appellant and Respondents, are entitled to suit property and the same may be partitioned. The said judgment and decree is further confirmed in Regular Civil Appeal No. 56 of 1993 by 2 learned Additional District Judge, Hingoli, on 5.8.2000. It is no more disputed that Datta Payghan owned the suit property and appellant is widow, whereas Respondent No. 1 is mother and Respondent No. 2 is the daughter of deceased Datta. Since relationship is admitted, each is entitled to 1/3rd share, being Class I heirs. 3. In this view of the matter, no fault can be found with the decree passed by the trial court and confirmed by the first appellate court. It is not the case of the appellant that any Will is executed in her favoaur. 4. No substantial question of law arises in the matter. Hence, Second appeal stands dismissed. Date: 15.06.2009 (P.R.BORKAR, J.) pnd/sa436.03 3