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2014 Supreme(Bom) 809

U.V.BAKRE
Saraswati Suryaji Mamlekar – Appellant
Versus
Suryaji Shankar Mamlekar – Respondent


Advocate Appeared:
For the Appellants:Sudin Manohar Usgaonkar, Vinita Palyekar, Advocates.
For the Respondents:R2 to R3, R7, R8 to R10, R.G. Ramani, Advocate.

Judgment :

1. Heard Mr. Usgaonkar, learned Counsel appearing on behalf of the appellants and Mr. Ramani, learned Counsel appearing on behalf of the respondents.

2. This Second Appeal has been directed against the Judgment and Decree dated 12/04/2013 passed by the learned District Judge-I Panaji (First Appellate Court) in Regular Civil Appeal No.485 of 2010. By the impugned Judgment, said appeal was allowed with the result that the Judgment, Order and Decree dated 01/11/2010 passed by the learned Civil Judge, Junior Division, Ponda (Trial Court) in Regular Civil Suit No. 155/2000/B (New): Regular Civil Suit No.14/1989 (Old) came to be quashed and set aside and consequently the suit for partition filed by the plaintiffs stood dismissed.

3. The present appellants were the plaintiffs in the said Civil Suit whereas the respondents were the defendants therein. The parties shall hereinafter be referred to as per their status in the said suit.

4. The plaintiffs had filed the said suit for declaration that they are entitled for half share i.e. 5/10th share and that defendants no.2 to 12 and the heirs (children) of deceased defendant no. 3 or 13 i.e. Smt. Kumud Shirodkar and her late husband













































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