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2006 Supreme(Bom) 1841

S.R.SATHE
GANGUBAI BHAGWAN KOLHE – Appellant
Versus
BHAGWAN BANDU KOLHE since deceased, represented SUNANDA MANIK WAYCHAL – Respondent


ORAL JUDGMENT - Heard both the learned advocates at length as it was agreed to decide the matter finally at admission stage.

2. The Appellant-original Plaintiff in Regular Civil Suit No. 86/1985 has preferred this appeal against the judgment and order passed by the Court of 3rd Additional District Judge, Solapur whereby the judgment and order passed by the Civil Judge, Junior Division, Barshi dismissing the plaintiffs suit for declaration and partition was confirmed and appeal was dismissed. For the sake of convenience hereafter parties shall be referred to as 'Plaintiff' and 'Defendants'.

3. The brief facts giving rise to this appeal are as under :-

Plaintiff Gangubai Bhagwan Kolhe is the wife of Original Defendant No. 1 (He died during the pendency of the suit on 13-5-1992). The Defendant Nos. 7 and 8 are the daughters of Plaintiff and defendant No.1. The defendant Nos. 2 to 6 are purchasers of the suit property.

4. According to Plaintiff, Ithe suit properties which are as agricultural lands and house property described in detail in paragraph-l of the plaint are ancestral properties of the defendant No. 1. It is the case of Plaintiff that for few years, defendant No. 1 treated he




























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