1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 365 OF 2008 Narayan Balkrioshna Sabale & Ors........Appellants versus Madhukar Balkrishna Sabale & ors......... Respondents. Mr. Nitin Dhumal for the Appellants CORAM: R. V. MORE, J. DATED : 08th OCTOBER, 2008. P.C.: 1. Heard Mr. Dhumal the learned counsel for the appellant. Admit. The following substantial question of law arises for consideration: 1. Whether appellant/Original Plaintiff can be deprived share in the suit property in view of the fact that the grand father of he present appellant Maruti Sabale was tenant in the suit property and same was inherited by Balkrishna the father of the present appellant in viewof the provisions of section 40 of BT & LT Act ? ( R.V. MORE, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 365 OF 2008 with CIVIL APPLICATION NO. 1519 OF 2008 Narayan Balkrishna Sabale & ors........Appellant versus Madhukar Balkrishna Sabale & ors.......... Respondents. Mr. Nitin Dhumal for the Appellant CORAM: R. V. MORE, J. DATED : 08th OCTOBER, 2008. P.C.: 1. Mr. Dhumal the learned advocate seeks permission to withdraw this Civil Application with liberty to file fresh application. Hence C.A. dismissed as withdrawn with liberty as prayed for. (R.V. More, J.)