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2014 Supreme(Bom) 423

A.P.BHANGALE
Kawadu – Appellant
Versus
Jainabai – Respondent


Advocates Appeared:
For the Appellant: Sawan Alaspurkar, h/f Anand Parchure, Counsels.

Judgment

1. The present appeal is directed, against judgment and order dated 2.11.1998, passed by the learned Additional District Judge, Chandrapur, in Regular Civil Appeal No.49 of 1986, which was partly allowed, which arose from judgment and order dated 4.2.1986, passed by the learned Joint Civil Judge Junior Division, Brahmapuri, in Regular Civil Suit No.187 of 1977, whereby the suit was decreed.

2. Though served on merits, the respondents did not turn up for hearing.

3. The appeal was admitted, on 12.3.2001, on the substantial questions of law as to whether the First Appellate Court was justified to grant relief of joint possession to the plaintiffs as joint co-owners and whether any interference is required at the instance of this Court.

4. The facts of the case, in brief, are thus:

That Kawadu son of Rushi Kowe purchased the suit land Bearing Khasara No.52 admeasuring 2.57 HR, assessed at Rs.7.76, situated at Mouza Viticheck, P.C.No.36 in Tahsil Brahmapuri.

5. It is the case of appellants (original plaintiffs) that by registered Sale Deed dated 28.12.1970 one Chinkaki wd/o Govinda Kumare sold the suit land for sum of Rs.3,000/- and placed the plaintiffs in possession of the suit la





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