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2008 Supreme(Bom) 1581

V.R.KINGAONKAR
Tikaram Ragho Choudhary – Appellant
Versus
Shaikh Gaffar Shaikh Bismillah – Respondent


Advocates Appeared: For the Appellants :V.J. Dixit, Senior Advocate.

Judgment :

1. Challenge in this appeal is to judgment rendered by learned Additional District Judge, Jalgaon, in an appeal (R.C.A. No. 119/1983) whereby and whereunder judgement and decree of Trial Court in Spl. Civil Suit No. 28/1977 came to be reversed.

2. Original defendants No. 2 to 14 are appellants herein. Respondent No. 1 - Shaikh Gaffar is original plaintiff and respondent No. 2 – Sugrabi is original defendant No. 2. Respondent No. 1 Shaikh Gaffar is son of respondent No. 2 - Sugrabi. He filed suit (Spl. C.S. No. 28/1977) for setting aside alienation made by her and for his 7/8th share by way of partition and separate possession in respect of the suit fields.

3. Briefly stated, case of the respondent No. 1 (plaintiff) before the Trial Court was that he and respondent No. 2 had filed a partition suit bearing Spl. C.S. No. 3/1956 against his uncles, etc. That suit ended in a compromise decree passed on 30th November 1956. By virtue of such compromise decree, the suit properties were allotted to him as shown in the schedule appended with the plaint. They comprised of agricultural fields bearing Survey No. 353 admeasuring 1 acre 29 gunthas, situated at village Savda, Taluka Rave




















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