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2010 Supreme(Bom) 139

C.L.PANGARKAR
Shivappa Mallappa Isapure – Appellant
Versus
Ganpat Mallappa Isapure – Respondent


Advocates appeared:
For the Appellants:M.L. Patil, Advocate.
For the Respondents:A.M. Kulkarni, Advocate.

Judgment

1. This second appeal is filed by the original plaintiffs whose suit came to be dismissed by the first appellate court. The parties shall hereinafter be refered to as the Plaintiffs and the Defendants.

2. The facts giving rise to the appeal are as under:-

The subject matter of the suit is city survey No.2836 admeasuring 36 ft. x 22 ft. According to the plaintiffs, the suit property was an ancestral joint family property and was in possession of the father of the plaintiffs and the defendant Nos.1, 2 and 3 and husband of defendant No.4. The plaintiffs are the sons of the first wife of deceased Mallappa while defendant Nos.1, 2 and 3 are born from the second wife i.e. the defendant No.4. The said Mallappa had partitioned the family property by a registered partition deed dated 3.8.1959. According to that partition, each party was put in possession of the separate portion of the property of their respective shares. They have been accordingly enjoying their shares. The plaintiffs contend that deceased Mallappa was indebted to other persons and therefore in order to save this property, he had executed a nominal document in favour of defendant No.4. The Plaintiffs submit that u


























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