JUDGMENT - M.N.CHANDURKAR, Ag. C.J.:---This appeal has been referred to the Full Bench as the Division Bench which heard the appeal was of the opinion that the earlier decision of the Division Bench of this Court in (Purshottam Waman Gabale and others v. Shripad Ramchandra Pargaonkar others)1, A.I.R. 1976 Bom. 375 needed reconsideration.

2. In Purshottam's case, the Division Bench on a construction of provisions of sections 18 of the Hindu Succession Act, took the view that the effect of section 18 was that only if there is a brother of full blood and a brother of half blood then the brother of full blood will exclude the brother of half blood and similarly, where there is a sister of full blood and a sister of half blood, the former will exclude the latter. The Division Bench was of the view that if there is a brother of a half blood and a sister of full blood the former will not be excluded by the latter and that it will be only the presence of a relation of a heir of half blood along with an heir of full blood in that particular category of the heir that the full blood heir will exclude the half blood heir. The correctness of this view of the Division Bench has been chall

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