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2008 Supreme(Bom) 1046

V.R.KINGAONKAR
Govind Vishwanath Bansode – Appellant
Versus
Manika Gangaram Bansode – Respondent


Advocates appeared
Mr. A.G. Godhamgaonkar, advocate for the appellants.
Mr. M.V. Deshpande, advocate for respondent Nos.1 to 4.

JUDGEMENT :

1. This second appeal arises out of judgement rendered by learned 3rd Additional District Judge, Nanded, in an appeal (RCA No. 67/1983) whereby and whereunder partition decree rendered by learned Civil Judge (J.D.), in Suit bearing RCS No. 16/1976 came to be reversed.

2. Subject matter of the partition Suit comprises of three (3) agricultural fields and a residential house mentioned below :

(i) Survey No. 17/A, admeasuring 9 acres 18 gunthas.

(ii) Survey No. 18/A, admeasuring 12 acres 29 gunthas.

(iii) Survey No. 22/B, admeasuring 11 acres 22 gunthas, situated at village Bori (Kd.) and

(iv) Residential House No. 534 to the extent of northern half portion as described in the claim clause of the plaint.

3. There is no dispute about correctness of following pedigree table. Gangaram (Died in 1947) ¦ ------------------------------------------ ¦ ¦ ¦ ¦ Vishwanath Manika Bhujanga Shankar (Died in (Deft. (Deft. (Deft. 1975) No.1) No. 2) No. 3) ¦ ¦ ------------------------------------------------- ¦ ¦ ¦ ¦ ¦ Govind Prayagbai Shashikala Sunderabai Radhabai (Son)





























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