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2008 Supreme(Bom) 790

VASANTI A.NAIK
Banubi s/o. Sheikh Ibrahim – Appellant
Versus
Sheikh Ahmad Sheikh Mahamood – Respondent


Advocates appeared
Mr. ZIYA QAZI h/f Mr. Z.A. HAQ, Advocate, for the Appellants.
Mr. V.K. PALIWAL, Advocate, for Respondent Nos.1 and 2.

JUDGMENT:-

By this appeal, the appellants challenge the judgment passed by the District Judge, Buldhana, in Regular Civil Appeal No.48 of 1994, on 26th December, 1995, reversing the judgment and decree passed by the Joint Civil Judge, if. Dn., Buldhana, in Regular Civil Appeal No.17 of 1992 on 14-021994.

2. Few facts giving rise to the second appeal are stated thus -

The appellants and the respondent no.4 are the original plaintiffs. They are the daughters of one Sheikh Mahmud. Sheikh Mahmud died in the year 1948 leaving behind him his widow Khatijabi, the plaintiffs and his two sons Sheikh Ahmad and Sheikh Yusuf who are arrayed as the defendant nos. 1 and 2 to the suit. Khatijabi died in the year 1988. According to the plaintiffs, the suit properties were owned and possessed by their father Sheikh Mahmud and the plaintiffs and the defendant nos.1 and 2 have inherited the suit properties and are in joint possession of the same. It was pleaded by the plaintiffs that entries in the name of the defendant nos.1 and 2, in the revenue records were illegal and not binding on the plaintiffs. It was also pleaded on behalf of the plaintiffs that the defendant nos.1 and 2 had illegally sold some














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