JUDGMENT - Deshpande D.B., J.- One Babu Pawar, who died on 2-1-1959, left behind him his widow Hiranbai and five daughters (l)Hnabai, (2) Tarubai, (3) Babi, (4) Muktabai and (5) Sushilabai. Tarubai is the original applicant and is also appellant before this Court in this second appeal. Other four daughters are respondents Nos. 2 to 5 in this appeal and they were original opponents Nos. 2 to 5. Bhiku, Original opponent No. 1 and present respondent No. 1 is the husband of one of the sisters, by name, Hirabai. Admittedly, Hiranbai died on 26-12-1967, but, prior to her death on 5-9-1967, Hiranbai and two daughters Hirabai and Sushilabai sold the entire property left by Babu Pawar to Bhiku by a registered sale-deed.

2. In the year 1968, the present appellant Tarubai filed a suit in the Civil Court contending that the sale-deed executed by Hiranbai, Hirabai and Sushilabai was not binding vis-a-vis her share in the property and she claimed partition and separate possession of her share in the property left by Babu. This suit was ultimately withdrawn on 8-10-1969 by Tarubai with liberty to file a fresh suit on the same cause of action. In the meanwhile, on 16-6-1969, one of the daughters Mu

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