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2008 Supreme(Bom) 961

V.R.KINGAONKAR
Lata @ Bhagyashree w/o Arunkumar Sangole – Appellant
Versus
Madhukar s/o. Rajaram Ganjare (died) through his L. Rs. – Respondent


Advocates:
Advocate Appeared
Mr. S. V. GANGAPURWALA. Advocate h/f. Mr. Vijay Sharma. Advocate for the Appellant.
Mr. S. P. DESHMUKH. Advocate for Respondent No.1(b).
Mr. VIVEK BHAVTHANKAR. Advocate for Respondent No.2.
Respondent No.1(a). 1(d) Served.
Name of Respondent Nos. 1(c) Deleted.
Respondent No.1(e) Served through Paper Publication.

JUDGMENT :- Challenge in this second appeal is to Judgment rendered by learned Second Ad-hoc Additional District Judge, Nanded, in an appeal (R.C.A. No. 132 of 2000) confirming Judgment and decree rendered by learned Joint Civil Judge (J.D.), Nanded in a suit for partition and perpetual injunction (Spl. C.S. No.375 of 1997).

2. Subject matter of the dispute is a residential house, (which will be referred hereinafter as "the suit house") bearing C.T.S.No.2931 as described in claim clause. The suit house is situated in Chikhalwadi area at Nanded. One Rajaram Ganjare owned the suit house. He died somewhere in 1991, leaving behind him a son, a daughter and a widow. Deceased defendant - Madhukar was his son, deceased plaintiff No.2 - Subhadrabai was the widow and plaintiff No.1 - Lata, who is appellant herein, is the only married daughter left by said Rajaram Ganjare. The plaintiff's marriage was performed somewhere in 197576. She resides with her husband at Mangrulpeer (District Akola).

3. At the time of death of Rajaram Ganjare. the suit house was occupied by the sole surviving male member Madhukar (defendant) being his only son and plaintiff No.2 _ Subhadrabai being his widow.

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