1. The present first appeal is directed against the final judgment and order passed by the District Judge-2, Aurangabad dated 3.5.2008 in M.A.R.J.I. No.62/2008.

2. The background facts of the case are as under:

The petition was filed by the appellant herein under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the said Act) to sell the immovable property belonging to the minor sons of the petitioner the petitioner is mother of Krishna Babu Aade and Ratansingh Babu Aade.

3. As per petitioner, the land bearing G.No.1 admeasuring 9 Hector 46 Ares, 35 Ares Potkharab land, having revenue assessment Rs.13.72 ps. out of which to the extent of 5 acres 34 Gunthas land situated at village Girnera Tanda was owned and possessed by the father-in-law of the petitioner and after his death, the names of all the legal heirs were recorded in the 7/12 extract. Thereafter, vide registered partition deed dated 20.12.2007, 59 Ares of land out of said land G.No.1 came to the share of minor sons of the petitioner by name Krishna Aade and Ratansingh Aade.

4. It is contended by the appellant that after death of her husband, she used to reside at village Girner