Bombay High Court
Pandurang S/O Ganpat Datir vs Ukandrao S/O Marotirao Gujar And ... on 21 January, 2020
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
(1) 9.SAs398.19 & 400.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
SECOND APPEAL NO.398 OF 2019
Pandurang S/o Ganpat Datir.
Vs.
Ukandrao s/o Marotirao Gujar and another.
WITH
SECOND APPEAL NO.400 OF 2019
Pandurang S/o Ganpat Datir.
Vs.
Ukandrao s/o Marotirao Gujar and another.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri V. D. Muley, Advocate for appellant.
Shri S. U. Nemade, Advocate for respondents.
CORAM : AVINASH G. GHAROTE, J.
DATE : JANUARY 21, 2020.
Heard Mr. Muley, learned counsel for the appellant and Mr. Nemade, learned counsel for the respondents. The basic question is as to whether the property which is held in Class-II rights can be bequeathed by a will, when the property is unalienable due to its classification as Class-II occupancy. In other words, can a will amount to a transfer. Mr. Nemade, learned counsel for the respondent submits that it so does amount and therefore the same will be in-operative. He relies upon the judgment in Bhavarlal Labhchand Shah Vs. Kanaiyalal Nathalal Intawala AIR 1986 SC 600 for this proposition. The parties agree that the matter can be finally decided at the stage of admission. The counsel for the appellant is therefore directed to place copy of the paper book ::: Uploaded on - 18/02/2020 ::: Downloaded on - 10/06/2020 18:45:28 ::: (2) 9.SAs398.19 & 400.19 of the First Appellate Court along with the documents as exhibited before the Trial Court within a period of three weeks with an advanced to the counsel for the respondents.
Learned counsel for the parties put on notice that the matter shall be decided finally at the stage of admission. Learned counsel are also directed to place compilation of the judgment which they rely with advance copy to each other.
List the matter for final disposal on 25.02.2020.
JUDGE Sarkate ::: Uploaded on - 18/02/2020 ::: Downloaded on - 10/06/2020 18:45:28 :::