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1990 Supreme(Bom) 422

SUJATA V.MANOHAR, M.F.SALDANHA
Gunda Tuka Shinde since deceased by his heir – Appellant
Versus
Pandharinath Ramrao Shinde & another – Respondent


JUDGMENT - Mrs. SUJATA MANOHAR, J.:---This petition relates to lands at village Ambheri, Taluka Khatav, District Satara bearing original Survey No. 112/1 to 7 and Survey No. 121/40 to 46 51 to 56 as also original Survey No 117/5. The petitioner, respondent No. 1 and one Nana Shinde and his brother (as one group) had each 1/3rd share in these joint family properties which were in their separate possession and vahiwat. In the year 1976 under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 a Consolidation Scheme was made applicable to this village. A draft consolidation scheme was finalised by the Consolidation Officer after calling for objections from the holders of lands. As far as the petitioners the 1st respondent and Nana Shinde and others were concerned, they agreed to the formation of blocks in respect of their lands by mutual consent. They have filed a writing before the Consolidation Officer dated 7th August, 1976, which is signed by all the concerned land holders including the petitioner and the 1st respondent in which they have set out that in respect of their lands they have, by mutual consent, and after taking into accou








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