JUDGMENT - DUDHAT M.L., J.:—The appellant in this case is the original plaintiff who filed this appeal against the order dated 30th July, 1989 passed by the Civil Judge, Senior Division. Dhule, in Special Civil Suit No. 160 of 1977.

2. The appellant filed Special Civil Suit No. 160 of 1977 for partition and separate possession of her share and also for a declaration that the gift deed dated 10-8-1965, Exh. 45, executed by her husband in favour of defendant No. 2 Rohidas is not binding on her. In the said suit it was contended on behalf of the appellant that she was married to Zipa her husband in the year 1943. The said Zipa died on 2nd March, 1976 leaving behind Panabai, respondent No. 1 and Annapurnabai, the present appellant. as his widows. It was contended on behalf of the appellant that earlier on 28th July, 1965 she filed Regular Civil Suit No. 291 of 1965 for maintenance against her husband Zipa. In the said suit notice dated 12-7-1965 was issued and charge against the suit property was created pending the suit and the suit was ultimately decreed on 13th September, 1966. It was further contended on behalf of the appellant-plaintiff that the alleged gift deed executed by Zipa,

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