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2007 Supreme(Bom) 1067

A.M.KHANWILKAR
PARMESHWARI DEVI RUIA – Appellant
Versus
KRISHNAKUMAR NATHMAL MURARKA – Respondent


Advocates Appeared:
.

A. M. KHANWILKAR, J.

( 1 ) BY consent, the Notice of Motion was heard for final disposal. Accordingly, this order will dispose of the notice of Motion finally.

( 2 ) THE plaintiff has relied on the family tree of Murarka Family at Exhibit 'a', correctness whereof was not in dispute. The same reads thus:

( 3 ) THE plaintiff defendant No. 1 and defendant Nos. 10 to 21 are the heirs and legal representatives of Nathmal Murarka. The said Nathmal Murarka expired on 8th October 1992. The said Nathmal had one son (defendant No. 1)and seven daughters (Laxmibai, plaintiff and defendant Nos. 17 to 21 ). At the relevant time, all were married.

( 4 ) ACCORDING to the plaintiff Nathmal inherited property from his mother Jankibai. The said Jankibai had two sister-in-laws-Narmadabai B. Gangabhishen and Shivbai j. Ghasiram. By a Deed of Conveyance dated 21st November 1947, certain land with structures standing thereon earlier called 'krisna Kunj' at 24, Nepean Sea road, Mumbai bearing Cadastral Survey no. 1/590 of the Malabar and Cumballa hill Division was transferred by one shivprasad Vaid in favour of the said jankibai, Narmadabai B. Gangabhishen and Shivbai J. Ghasiram in equal shares for a con




























































































































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