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2019 Supreme(Kar) 1424

ALOK ARADHE, P.G.M.PATIL
Phulavati, W/o Manohar Upadhye – Appellant
Versus
Prakash, S/o Yashwant Upadhye – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Sangram S. Kulkarni, Advocate
For the Respondent:Smt. Hemalekha K.S., Sri. R.V.Itagi, Smt. Hemalekha K.S. & Sri. R.M.Kulkarni, for Sri. G.B.Balakrishna Shastry, Sri. Shivaraj Ballolli, Sri. K.M.Nataraj, Sri. Basavaraj Mekki, Sri. G.R. Anandanimath, advocate

JUDGMENT :

This appeal has been filed under Section 96 of the Code of Civil Procedure, 1908, by the plaintiff against the judgment and decree dated 14.11.2006 by which the suit filed by the appellant/plaintiff (hereinafter referred as to as ‘the plaintiff’) seeking the relief of partition and separate possession has been partly decreed. Being aggrieved by the aforesaid judgment and decree of the trial Court, the defendant No.9 has filed cross-objections. Since common question of law and facts arise for consideration, in this appeal as well as cross-objection they were heard analogously and are decided by this common judgment.

2. The geneaology showing the relationship of the plaintiff and the defendants is as under:

Yashwant (died on 18.2.1988)

Champabai (Deft. No. 8)

Annasaheb

(died on 6.9.1988)

Prakash

(D-1)

Pramila

(D-10)

Pulavati (Plff.)

Veenutha

(D-9)

Pusha

(D-11)

Vijaymal

(D-12)

Mahaveer

(D-2)

Prithviraj (D-3)

 

Vasanti

(D-4)

 

Vishwajit

(D-5)

Veeradhawal

(D-6)

Vidhya (D-7)

 

3. Facts giving rise to filing of this appe

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