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2003 Supreme(Bom) 974

S.T.KHARCHE
Ramchandra s/o Bhikaji Jagtap – Appellant
Versus
Dudharam Langruji Padvekar dead through L. Rs. Bulkabai Padvekar – Respondent


JUDGMENT

S.T. Kharche, J.

1. 1. This second appeal arises out of the judgment and decree dated 25.3.1988 passed by the appellate Court in Reg. Civil Appeal No. 168 of 1983 dismissing the appeal as well as the cross-objections and confirming the judgment and decree passed by the trial Court on 31-10-1983 in Reg. Civil Suit No. 312 of 1979, by which the trial Court allowed the suit of the plaintiff for possession partly and directed the original defendant/appellant to deliver the vacant possession of plot No. 94/1 as shown by letters K, Kh, G, Gh, ch, chh, Dh, D, Te, K in the map Ex.84 with costs.

2. 2. Brief facts are as under ;

The property bearing plot Nos. 93 and 94 situated in Ward No. 3 at Jatpura, Block No. 60 recorded in the revenue records originally belonged to two brothers Lahu Walke and Bhiwa Walke. Parwati is the widow of Lahu and Wanmala is his daughter. Sumitra is the daughter of Bhiwa. Plot No. 94 was shown as one unit but in the revenue map of the said plot, two sub divisions, such as Plot No. 94/1 and 94/2 were shown, but it is not known as to how these subdivisions were made in the revenue map. The widow Parwatabai and daughter Wanmala of Lahu as well as Sumitra, da























































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