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2012 Supreme(Bom) 2326

ROSHAN DALVI
Shalini Sumant Raut – Appellant
Versus
Milind Sumant Raut – Respondent


Advocates appeared:
For the Plaintiff:Y.V. Divekar i/b Divekar & Co., S. Amin i/b Pravin Mehta & Mithi & Co., R. S. Apte, Sr. Advocate a/w. Ms. Ashwini A. Takalkar, Advocates.
For the Defendants:D1 to D5, Ms Rajani Iyer, Sr. Advocate a/w. V.M. Bhate, Advocates.

Judgment :

1. This suit is filed for declaration that the plaintiffs and the defendants are co-owners of the suit properties, for ascertaining of the share claimed by them, for partitioning the suit properties as per such shares and for possession of such partitioned share. Exhibit 'A' to the plaint shows 9 immovable and several movable properties belonging to the joint family of the parties which are sought to be partitioned. Exhibit 'B' to the plaint shows the family tree.

2. The parties claim through one Rajaram Balkrishna Raut (Rajaram) who died intestate on 23.11.1991 leaving behind 8 children and several grand children ancestral properties. The children and the grand children who are the children of the predeceased or the deceased children of Rajaram are the parties to the suit. The great grand-children of the Rajaram are not sought to be made parties, though the suit properties are claimed to be ancestral properties of Rajaram.

3. The son and the grandson of plaintiff No.4 have sought to be made party-defendants to the suit. They claim that they are coparceners in the coparcenary property of the joint family which are the properties shown in the schedule Exhibit A to the pla









































































































































































































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