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1997 Supreme(Kar) 610

B.S.SREENIVASA RAO
TUKARAM – Appellant
Versus
SAMBHAJI – Respondent


Advocates:
K.N.Patil, Narendra Kumar Gunaki, RAVI S.BALIKAI, S.G.KULKARNI

B. S. SREENIVASA RAO, J.

( 1 ) R. S. A. No. 586 of 1994 has been filed by defendant 1 and R. S. A. No. 1030 of 1994 has been filed by defendants 2 to 5 against the judgment and decree passed in RA. No. 27 of 1987 by the First Additional District judge, Belgaum allowing cross-objections of the plaintiff and dismissing the appeal filed by the appellants confirming the judgment and decree dated 4-4-1987 passed in O. S. No. 271 of 1984 by the Principal Civil judge, Belgaum and thus decreeing the suit of the plaintiff in entirety.

( 2 ) HEARD the learned Counsel for the appellants in both the appeals and respondent I/plaintiff.

( 3 ) FOR convenience sake, appellant in R. S. A. No. 586 of 1994 is referred to as defendant 1 and the appellants in R. S. A. No. 1030 of 1994 are referred to as defendants 2 to 5. Respondent 1 as the plaintiff, respondents 2 to 10 as Defendants 7 to 15, respondents 11 to 15 as defendants 2 to 6.

( 4 ) THE facts of the case, briefly, stated are as follows: One Huvappa nesarkar was the original propositus who died on 19-9-1969, leaving behind him his sons, defendant 1, Tukaram, defendant 7, Shivaji, defendant 8, Vasant, defendant 9, Appanna and plaintiff-Sambhaji.





















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