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2014 Supreme(Bom) 665

T.V.NALAWADE
Geetabai Ramchandra Pawar – Appellant
Versus
Rambhau Maruti Pawar – Respondent


Advocates:
Advocate Appeared:
For the Applicant:B.S. Shinde, holding for V.P. Latange, Advocate.
For the Respondents:R1, R2, Anand Bhandari, Advocate.

Judgment :

1) This appeal is filed against the judgment and decree of Regular Civil Appeal No.151 of 1999 which was pending in the Court of the Additional District Judge Ahmednagar. The decision given by the trial Court in Regular Civil Suit No.44 of 1993 in favour of present appellant is set aside by the First Appellate Court and her suit is dismissed. Both sides are heard.

2) The appellant had filed suit for relief of declaration and injunction. It is her case that she is widow of one Ramchandra who died on 20-9-1991. It is her case that in the year 1966 in family partition with defendant Nos.1 and 2 (respondent Nos.1 and 2) Ramchandra got land Gut Nos.237, 220, 219 and 160 from village Jamb and it was ancestral, joint family property of Ramchandra and defendant Nos.1 and 2.

3) It is her case that she had married with Ramchandra about 48 to 50 years prior to the date of suit. She has no issue from Ramchandra but according to her, she was cohabiting with Ramchandra till his last breath.

4) It is the case of the plaintiff that, after death of Ramchandra, she came in possession of the suit property and she started cultivating the lands. It is her case that in the last days, Ramchand

















































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