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2010 Supreme(Bom) 222

C.L.PANGARKAR
SARJERAO MARUTI SATHE – Appellant
Versus
PRALHAD LAXMAN SATHE – Respondent


( 1 ) SO far as Civil Application Nos. 1363 of 2006 and Civil application No. 41 of 2005 are concerned, they are for bringing the legal heirs of deceased Arjun Maruti Sathe who is said to have died on 10th january 2003. For the reasons stated in both the Civil Applications, the same are allowed. Abatement if any stands set aside. Amendment to be carried out forthwith.

( 2 ) THESE two appeals are preferred by the original Defendant no. 1. They arise out of a Single Judgment in Civil Suit No. 60 of 1983. The parties hereinafter shall be referred to as the Plaintiff and the defendants.

( 3 ) THE facts giving rise to these appeals are as under : the suit property originally belonged to one Maruti. He left behind him four sons and a widow. The Plaintiff and the Defendant No. 1 are the sons of said Maruti. Defendant No. 6 is the widow of said Maruti while Defendant No. 2 is the son of deceased Laxman the son of Maruti, and Defendant No. 3 is the widow of deceased Laxman. Defendant No. 4 ramrao is the son of deceased Sahebrao the son of Maruti. Defendant no. 5 is the widow of deceased Sahebrao. The first wife of Maruti died leaving behind her one son Sahebrao. Sahebrao started residing se























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