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2013 Supreme(Bom) 2519

S.B.SHUKRE
Suresh – Appellant
Versus
Baburao s/o Janbaji Bambhal (dead). LRs – Respondent


Advocates appeared:
For the Appellants:Masood Shareef, Advocate.
For the Respondents: None.

Judgment

1. The appellants No.1 to 8 are the legal heirs of original defendant No.1, deceased Gadibabu and appellant No.9 is the original defendant No.2. Original respondent No.1 Smt. Nagabai wd/o Janbaji Bhambal (deleted) and original respondent No.2 deceased Baburao s/o Janbaji Bhambal (through legal heirs) are the original plaintiffs No.1 and 2. For the sake of convenience, parties to the appeal are hereinafter referred to as plaintiffs and defendants in the order in which they were arrayed in the suit.

2. Plaintiffs had filed a suit for partition, separate possession and damages against the defendants. It was their case that plaintiff No.1 was the mother of plaintiff No.2 and Janbaji, the husband of plaintiff No.1 and father of plaintiff No.2, was the younger brother of defendant No.1. Defendant No.2 was the son of defendant No.1. Janbaji and Gadibabu (defendant No.1 were the sons of Bagaji Bhambal. They had inherited a land and one house situated at Mouza Katol. These properties and other acquisitions have been particularly described in Schedule-A and Schedule-B to the plaint.

3. According to the plaintiffs, two brothers Janbaji and Gadibabu were joint in estate, residence and ea





































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