JUDGMENT :- The present appeal is directed from the judgment and order passed by 3rd Adhoc Additional District Judge, Wardha on 23rd March, 2004, whereby the first appellate Court had set aside the judgment and decree passed in Regular Civil Suit No.38/1997 dated 30-11-1999 and decreed Regular Civil Suit No.48/1997. Thus, original plaintiff Vatslabai (in Regular Civil Suit No.48/1997) was held, entitled for possession to the portion of 0.58 R out of land Survey No.3/2 described in the plaint para 6 (read with map Exh.41). In the result, the appellant herein and their father Mahadeo Tulshiram Pathade were directed to hand over the possession of the said land situated in Mouza : Garpit, Tahsil: Karanja, District: Wardha and were further directed to pay damages, jointly and severally in the sum of Rs.24,000/- + notice charges and expenses in the sum of Rs.500/-. Separate order was made for inquiry as per Order 20, Rule 12 of the Code of Civil Procedure for mesne profits.

2. In the present appeal thefollowing substantial questions of law were raised:

"(1) Whether Exh.43 is merely a memorandum of partition or a document compulsorily registerable?

(2)Whether the field Survey No.18 ment

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