MANGESH S. PATIL
Rambhau S/o Gopinath Lokhande – Appellant
Versus
Shila W/o Satish Surwase – Respondent
JUDGMENT
MANGESH S.PATIL,J.
1. I have heard both the sides at the stage of admission and perused the papers including the written notes of arguments tendered by the learned advocate Mrs. Kulkarni for the appellants.
2. In spite of the mandate of Sec. 100 of the Code of Civil Procedure the appeal memo does not contain specific substantial questions of law calling upon this Court to respond to. Perhaps realizing this irregularity, Mrs. Kulkarni in her written notes of argument has provided following substantial questions of law :
"i) In the absence of prayer for setting aside sale deeds is the suit maintainable ?
ii) The learned Judge granted 1/6th share to plaintiff by applying provisions of Amended Act which came into force on 9/9/2005 can provisions of Amended Act are applicable to the present case ?
iii) During the lifetime of parents can plaintiff being daughter has birth right to claim partition married long back ?
iv) Can alienation be quashed by plaintiff under Amended Act and can daughter claim share in alienated property which took place prior to effect of Amended Act ? "
Apart from such substantial questions deviced by Mrs. Kulkarni, having considered the facts and circumst
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