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HIGH COURT OF BOMBAY
Mangesh S. Patil, J
GULAM MAGDUM GULAM SARVAR – Appellant
Versus
NIYAMATIBI GULAM SARVAR (DIED) AND OTHERS – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. appeal filed regarding determination of property inheritance among heirs. (Para 1 , 2 , 3) |
| 2. arguments regarding evidence and property ownership under islamic law. (Para 5 , 7 , 9) |
| 3. ratio related to jurisdictional limits of high courts in appeal proceedings. (Para 11 , 22 , 24) |
| 4. observation on the importance of documented evidence in inheritances. (Para 12 , 16 , 23) |
| 5. final shares calculated for distribution among heirs. (Para 25 , 26 , 27) |
JUDGMENT :
This is a second appeal by the original defendant no. 1 who is aggrieved by the concurrent findings of the courts below.
2. Respondents nos. 1 and 2 who died during pendency of the appeal before the lower appellate court were the original plaintiffs nos. 1 and 2 and the respondent no. 3 who was the plaintiff no. 3. They claimed separation of their shares in the properties left behind by their common ancestor - Gulam Sarvar who was husband of the respondent no. 1 and father of the respondents no. 2, 3, appellant and respondent no. 9 who was the original defendant no. 2.
3. Shortly stated the facts leading to the filing of this second appeal, are to following effect :
(a) Gulam Sarvar, Mohammed Sharif and Mohammed Khaja
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