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1997 Supreme(Bom) 33

S.B.MHASE
Anandrao Ganpatrao Belkhode & others – Appellant
Versus
Azizul Haq Hazi Abdul Bari deceased by L. Rs. & others – Respondent


JUDGMENT - MHASE S.B., J.:---These two revision applications arise from Special Darkhast No. 414 of 1996 and MJC No. 237/1978 filed by non-applicants Nos. 1 to 12, who are the legal heirs of deceased Azizul Haq, son of Hazi Abdul Bari. Special Civil Suit No. 238 of 1973 was filed by Azizul Haq and eight others for partition of agricultural lands and house property as against Abdul Jalil and three others - The heirs of defendant No. 1 Abdul Jalil and non-applicants Nos. 13 to 20 while non-applicant No. 21 is original defendant No. 2. The original defendant No. 3 was the present applicant No. 1 Anandrao Ganpatrao Belkhode. It appears that during the pendency of the said suit, the applicant No. 1 purchased Survey Nos. 47, 202, 205, 206/1-Kh and 206/1-K of mouza Jamtha, tahsil and district Nagpur, admeasuring 20.60 acres of agricultural land by sale deed dated 25th February, 1974 from Abdul Jalil - original defendant No. 2. Therefore, the applicant Anandrao was joined as defendant No. 3 in Special Civil Suit No. 238 of 1973. A preliminary decree in the said suit was passed on 20th April, 1978, wherein the Joint Civil Judge, Senior Division, Nagpur, declared that plaintiffs Nos. 2 to 6





























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