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2012 Supreme(Bom) 2215

MRIDULA BHATKAR
Somanath Radhakrishna More (Shimpi) – Appellant
Versus
Ujjawala Sudhakar Pawar – Respondent


Advocates appeared:
For the Appellant:M.M. Sathaye, Advocate.
For the Respondents:R1, Rahul Motkari, Advocate.

Judgment :

This Second Appeal is directed against the judgment and order passed by the First Appellate Court dated 16th December, 2004 thereby confirming the judgment and order of the trial Court dated 18th July, 2000. Respondent no. 1 filed Regular Civil Suit No. 461 of 1995 against the appellant and other respondents for her one half share in the agricultural land and suit house including business through her deceased father in the Joint Family property. Respondent no. 1 (plaintiff) is a daughter of deceased Trimbak Ramchandra Mahale. Ramchandra had three sons, i.e., Radhakrishna, Trimbak and Digamber. According to the plaintiff, Radhakrishna was given in adoption in one Mor family, therefore, he had no interest or right in the Joint Hindu family. Respondent no. 2Digamber died pending Second Appeal. Hence, his legal heirs are brought on record. Respondent no. 3 is mother of respondent no. 1 (Original plaintiff). She has equal share like her daughter i.e. respondent no. 1. Pandurang Thete, respondent no. 4 has purchased 1H 20R land from the suit field from deceased Digamber and appellant has also purchased 80R from the suit field from Digamber. Somnath, the appellant/defendant no.


































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