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2014 Supreme(Bom) 944

T.V.NALAWADE
Gurudayalsing – Appellant
Versus
Basant Singh – Respondent


Advocates appeared:
For the Appellants:A.N. Ansari, Advocate.
For the Respondents:R1, P.R. Katneshwarkar, P.F. Patni, R2, A.K. Gawali, Advocates.

Judgment :

1) The appeals are filed against judgment and decree of Regular Civil Appeal No.39/2000 and 42/2000 which were pending in the Court of the IVth Ad-hoc District Judge, Aurangabad. Special Civil Suit No.50 of 1971 was filed by Basantsing, appellant from second proceeding for relief of partition and separate possession of movable and immovable properties. The suit was partly decreed in his favour by the trial Court. Both, the plaintiff and defendant No.1 (appellant from the first proceeding) challenged the judgment and decree of the trial Court by filing aforesaid two civil appeals in District Court. The District Court has confirmed the decision of the trial Court. Defendant No.2 is the sister of the appellants from both the proceeding. Heard learned counsel of all the sides.

2) In these appeals original plaintiff and defendant No.1, the brothers have filed compromise document and they have prayed for disposal of both the appeals and also the original suit as withdrawn. This Court has passed order to the effect that the prayer made by the plaintiff and defendant No.1 will be considered at the time of consideration of both the appeals on merits. In view of this order, learne







































































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