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2009 Supreme(SC) 1583

DALVEER BHANDARI, B.S.CHAUHAN
Gajara Vishnu Gosavi – Appellant
Versus
Prakash Nanasahed Kamble – Respondent


Advocates Appeared: For the Appellant:Vijay Kumar, Vishwajit Singh, Advocate.

Judgment :

1.1. These appeals have been filed against the judgment and order of the Bombay High Court dated 21.3.2000 by which Second Appeal No.183 of 2000 filed by the appellant has been dismissed and judgments and orders of the Trial Court as well as the First Appellate Court have been affirmed.

2.2. The facts and circumstances giving rise to this case are that appellant filed Civil Suit No.6/87 seeking declaration that she was owner of the western half part of the suit property, i.e. city Survey no.83 and in actual physical possession thereof, and further for restraining the defendants/respondents to cause any obstruction to her possession over the said property and also for possession of the other part of the property.

.3. The said relief was claimed on the basis that the entire CTS no.83 was originally owned by Krishna Kamble and Maruti Kamble. Both brothers had been living separately and were using their respective half part in the suit premises. Krishna Kamble was in possession of eastern half part of the said property. Krishna Kamble died leaving only one son Shripati who died leaving only heir i.e. daughter Housabai. Maruti had two sons, namely, Genu and Dadu. Dadu died iss















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