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2026 DAILYLAW 8596 (BOM)

SHANTABAI MANNASING THAKUR v. SAU. VAISHALI TEJPRATAPSING THAKUR AND OTHERS

CAS/1278/2026 · 2026-09-11

Civil Appealbody2026

Judgment text

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1 cas1278.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.1278/2026 IN SECOND APPEAL STAMP NO.14666/2026 Shantabai Mannasing Thakur ..V/s.. Sau. Vaishali Tejpratapsing Thakur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.Y. Rawate, Counsel for the applicant/appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 11.9.2026. The applicant has filed this application for condonation of delay of 71 days in filing the second appeal. The applicant is 90 years lady and due to her old age it took time to file the second appeal and, therefore, there is a delay. Considering the reasons given in the application, delay is condoned. Application is allowed and disposed of. Registry is directed register the appeal. SECOND APPEAL STAMP NO.14666/2026 2. The appellant is the original defendant No.1. The suit was filed by the plaintiffs for partition and possession and it was decreed. The appeal filed by the appellant is dismissed. Being aggrieved, the appellant has filed this appeal on the following substantial questions of law:- (i) Whether the trial Courts committed an error of law in determining succession to the estate of deceased Sandhya by applying Section 14 of the Hindu Succession Act instead of Sections 15 and 16? (ii) Whether the trial Courts have erred in not considering the true nature of the transaction which was a family settlement and mechanically 2 cas1278.2026 rejected the deed on the assumption that it was relinquishment deed based on mere nomenclature of the document? (iii) Whether the learned lower Courts erred in holding that the plaintiffs are entitled to claim share under Section 8 of the Hindu Succession Act? 3. Issue notice before admission to the respondents, returnable after four weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 16/09/2026 10:48:57