JUDGMENT - SHAH. J. :

The following genealogy shows the relation ship between plaintiffs Nos. 1 to 5 and Original defendants Nos. 10 to 15 who were subsequently transposed as plaintiffs Nos. 6 to 11.

JIWAJI DHERE (d.)

Ranba Laxman Subhana Nana

(d.) (d.) (d.) (d.)

Tukaram Sakharam Dadu Ganu Janu

(p. 1) (P- 2 (P- 3) (P. 4) (p. 5)

Yesba (d) Balu (d) Raghu (d)

Shiva Nana Govinda Shamu Hindu Sadu

(d. 10) (d. 11) (d. 12) (d. 13) (d. 14) (d. 15)

The dispute in this litigation relates to R. S. No. 48 of Ekundi which belonged to Jivaji who is shown as the common ancestor in the genealogy. Jivaji mortgaged the land with possession with Bhiwa Bayaji Patil on 4-6-1873 for Rs. 100. Suit No. 522 of 1930 was filed for redemption of the mortgage by the descendants of Jivaji in the Senior Jahagir-Munsiffs Court at Kagal in the former Kolhapur State. On 25-11-1933 a decree for possession was passed, and in Darkhast No. 434 of 1933 possession of the mortgaged land was obtained by the mortgagors. Thereafter Raghu son of Bhiwa filed Appeal No. 57 of 1934 in the Dis

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