((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.912 OF 2004 The State of Maharashtra & others Appellants versus Shankar Bala Gat and others Respondents Ms.Usha Kejriwal, AGP for appellants. Mr.T.S.Ingale for respondents 1 and 2. CORAM : DR.D.Y.CHANDRACHUD, J. DATE : 06TH JULY 2007 PC : 1. Admit. The following substantial questions of law arise :- (i) In view of the statement contained in ground (D) of the Memo of Appeal that there was a merger of Kolhapur State with the Union of India on 1st March 1949 (vide Merger Agreement Exhibit-47) before the order of allotment dated 30th October 1948 in favour of Indumati Rani (Exhibit-44) took effect, was the Appellate Court justified in decreeing the suit for injunction? ((-2-)) MST (ii) In view of the merger which took place on 1st March 1949, did Indumati Rani become owner of the lands under section 14(1) of the Hindu Succession Act, 1956? (iii) If the land in question was Government land as on 1st April 1957, would the provisions of Bombay Tenancy and Agricultural Lands Act, 1948 not be applicable as submitted in ground (F) of the Memo of Appeal? (iv) Did Indumati Rani have a right to lease out the land when the Government resumed the possession thereof? 2. Call for the Record and Proceedings. (DR.D.Y.CHANDRACHUD, J.) ((-3-)) MST MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.489 OF 2007 IN SECOND APPEAL NO.912 OF 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office Notes, Office Memorandum of Coram, Court’s or appearances, Court’s Judge’s order orders or directions & Registrar’s orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ms.Usha Kejriwal, AGP for applicants. Mr.T.S.Ingale for respondents 1 and 2. CORAM : DR.D.Y.CHANDRACHUD, J. DATE : 06th JULY 2007 PC : 1. The Civil Application has been taken out for transposing third respondent as appellant no.4. The third respondent is the Talathi. Therefore, there should be no objection for grant of the relief as sought. 2. Civil Application is allowed in terms of prayer clause (b). ((-4-)) MST (DR.D.Y.CHANDRACHUD, J.)