JUDGMENT -N.P. CHAPALGAONKER, J.:---This revision application raises an important question whether an objection that the decree violates section 23 of the Hindu Succession Act, 1956 raised for the first time in execution proceeding can be entertained and whether such a decree is a nullity.

2. Keshavrao, who left behind him some property, was survived by two sons namely; Madhavrao and Nivrutti, wife Harnabai and two daughters Serubai and Jankabai. Jankabai filed a suit for partition and possession of her share from joint family property which included agricultural lands and five dwelling houses. In defence to the said suit, it was pleaded by the defendants that partition had already taken place during the life time of Keshavrao and Jankabai was given Rs. 2500/- and two buffaloes as her share in the family property and over and above, Keshavrao had given a sum of Rs. 10,000/- as token of his love and affection to Jankabai to enable her to purchase a new house. Jankabai is married and has purchased a separate house out of this sum and since the partition has taken place, the suit deserves to be dismissed. This suit came to be decreed and the learned Judge was pleased to award share to

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