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1990 Supreme(Bom) 184

S.M.DAUD
Nilkanth Krishnarao Apte (Dr. ) – Appellant
Versus
Ramchandra Krishnarao Apte (Dr. ) and another AND Viraj Ramchandra Apte – Respondent


JUDGMENT - S.M. DAUD, J.:---These are cross-suits for partition and separate possession pertaining to the immovable and movable property set out with sufficient precision in Ex. D annexed to the plaints in the two suits.

2. N.K. Apte and R.K. Apte being full brothers are the sons of the late Krishnarao and Krishnabai respectively. Krishnarao was practising and residing at Baroda. He died leaving behind his widow and two sons who succeeded to his estate comprising two houses, shares and cash. The houses were disposed off by the trio. N.K. Apte had come to Bombay and after completing his M.B.B.S. and M.S., started practising here. After the passing away of Krishnarao in 1951, Krishnabai and R.K. Apte also migrated to Bombay. With the assets inherited from Krishnarao, a plot of land was purchased at Chembur. The first storey comprising six rooms was constructed and the cost of this structure plus the plot came to about Rs. 49,000/-. There was a vertical expansion in later years with additions on the 1st and 2nd floors-- the latter comprising a terrace room. In relation to these additions and a garage, Krishnabai and R.K. Apte passed a document in favour of N.K. Apte. This document dt.














































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