-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 51/2008. Tadiram Dudhram Fating & others . - versus- Smt. Mohanbai Mahadeo Denge & others ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 20, 2009. Heard Advocate Shri C.A. Lokhande, for appellant / original defendant. Challenge is to concurrent judgments and decrees, decreeing the suit for partition filed by the respondents. The grievance was in relation to death of Aadkabai wd/o Raghunath and Exh.104 the death certificate. I have perused the judgments with the assistance of Advocate Shri Lokhande, it appears that original owner Raghunath expired in 1951 and he had 3 daughters. One of the daughter by name Aadkabai expired in 1959 as per Exh.104. The Courts have rightly taken into account said death and found that her legal heirs Jagannath and Mahadeo succeed to share of Aadkabai even after she pre-deceased or not. -2- The consideration in paragraph nos. 17, 22 and 23 of the judgment of Lower Appellate Court is neither erroneous nor perverse, hence no substantial question of law arise for determination in this Second Appeal, the same is dismissed. No cost. JUDGE Rgd.