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SANJAY KAROL, PRASHANT KUMAR MISHRA
Zoharbee – Appellant
Versus
Imam Khan (D) Thr. Lrs. – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. In these appeals, challenge is laid to final judgment and order dated 1st March 2012 in Second Appeal No.435 of 2011 with Civil Application No.10306 of 2011 passed by the High Court of Judicature at Bombay, Bench at Aurangabad whereby the appellants assailed the order of the First Appellate Court in RCA No.87 of 20051[ District Judge, Aurangabad] dated 4th March 2005, overturning the findings of the Civil Court2[2nd Jt. Civil Judge (J.D.) Aurangabad in RCS No.310/99], was rejected.
2. The short conspectus of facts is that the appellant’s husband namely Chand Khan passed away and now this litigation pertains to the property he left behind, between his surviving spouse namely Zoharbee3[Hereinafter Defendant No.1] and his brother i.e. Respondent Imam Khan4[Hereinafter Plaintiff]. The plot of land which is germane to the dispute is land S.No.22/3 and 22/1 of Gut No. 107 and Gut No.126. It is the plaintiff’s case that all the property left behind by the deceased Chand Khan is matruka property and since he died issueless, as per Mohammedan law the former would be entitled to 3/4th of the total property and only the remaining 1/4th would fall in the rights and
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