Sri Annappa Laxman Kakatkar vs Sri Yuvaraj Laxman Kakatkar on 2 February, 2022
20. Therefore, the substantial question of law
formulated at point No.3 has to be answered in negative.
Consequently the substantial question of law formulated
at point No.1 has also to be answered in the negative. It
is not in dispute that the parties are governed by Bombay
School of law. The judgment cited by learned counsel
appearing for the appellants in the case of Chamu
Jinnappa Sheri and others Vs. Savitri Yeshwantrao
Chagule and others4 and in the case of Gurupad
Khandappa Magdum Vs. Hirabai Khandappa
Magdum and others5 are squarely applicable to the
present case on hand. Even if there is a death of Janabai,
her share has to be carved out and there will not be a
merger of her share, unless the alleged Will executed by
4
ILR 2004 KAR 4738
5(
1978) 3 SCC 383
27
Janabai is examined and adjudicated in appropriate
proceedings.