LAWS(BOM)-2008-1-373

MAHMOODKHAN HASANKHAN Vs. SHAMIM KHANAM WD/O AYYUBKHAN

Decided On January 28, 2008
Mahmoodkhan Hasankhan Appellant
V/S
Shamim Khanam Wd/O Ayyubkhan Respondents

JUDGEMENT

(1.) By consent, Appeal is taken up on Board, for final hearing.

(2.) By the present appeal, the appellant challenges the order dated 13th March 2007, vide which the learned Civil Judge Sr.Dn. Achalpur has allowed an application for temporary injunction filed by respondents 1 and 2 in Special Civil Suit No.29/2006.

(3.) The son of the appellant, namely, Ayyubkhan, who happens to be the husband of Respondent No.1 and father of the Respondent No.2, had died due to illness. During his lifetime, deceased Ayyubkhan had taken out several policies in his name for various amounts. The total amount comes to Rs. 6,59,999. In all the said policies, the present appellant was shown as his nominee. After the sad demise of Ayyubkhan, the present appellant raised claim for encashment of those policies on the ground that he is a nominee.