JUDGMENT - N.K. PAREKH, J.:---The appellants herein are the heirs of one Yasin Imambhai Shaikh, who was the original plaintiff in Regular Civil Suit No. 188 of 1971 on the file of the Court of the Civil Judge, (Junior Division), at Kopergaon. The said suit having been decreed, and appeal came to be preferred being Regular Civil Appeal No. 250 of 1975 on the file of the Extra Assistant Judge, Ahmednagar. The appeal was prosecuted by the heirs of the said Yasin lmambhai Shaikh, who are the present appellants. The said Appeal was however dismissed on 15th of March, 1978. Being aggrieved by the said order and judgments the appellants have filed the present appeal.

2. The facts that give rise to this appeal are that one Yasin Imambhai Shaikh filed a suit against the respondents being Regular Civil Suit No. 188 of 1971 in the Court of the Civil Judge (Junior Division) Kopergaon. In this suit the said Yasin Imambhai Shaikh alleged that one Mariyambi died leaving behind her a Will. That under the Will the said Yasin Imambhai Shaikh was entitled to 1/3 of the property and of which he was in possession. That the other heirs being the respondents were trying to interfere with his possession. T

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