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2004 Supreme(Bom) 1020

N.V.DABHOLKAR
Harischandra Vithoba Narawade – Appellant
Versus
Vatsalabai w/o Narayan Shinde – Respondent


JUDGMENT

N.V. Dabholkar, J.

1. 1. Original defendants in Regular Civil Suit No. 137 of 1975, on the file of Joint Civil Judge, Junior Division, Osmanabad, challenge the judgment and decree passed by learned Joint Civil Judge, Junior Division, Osmanabad, vide his judgment dated 30-10-1980 and confirmed by District Judge, Osmanabad, vide his judgment and order dated 13-3-1986, while dismissing the Regular Civil Appeal No. 95 of 1981 filed by the defendants/present appellants, (Now onwards, parties shall be referred as plaintiff and defendants for the purpose of convenience.)

2. 2. Plaintiff Vatsalabai had approached Civil Court by Regular Civil Suit No. 135 of 1975 instituted on 19-8-1975, seeking a decree for partition and separate possession of her xh share in the property, as also past mesne profits. She approached the Court With following averments.

Sadhu was the common ancestor, who had two sons, namely, Baba and Vithoba. Plaintiff Vatsalabai is daughter of Baba, Whereas, defendants are legal heirs of Vithoba, defendant No. 4 Kasabai is widow of Vithoba and defendants No. 1 to 3, namely, Harischandra, Narayana and Govinda, are their sons.

As many as, 11 pieces of land totally adm























































































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