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2014 Supreme(Bom) 2248

A.S.CHANDURKAR
Aloki – Appellant
Versus
Gajanan Lahanuji Idre – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: C.M. Samarth and M.V. Samarth
For Respondents/Defendant: R. Maheshwari

JUDGMENT

A.S. Chandurkar, J.

1. This appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiffs who are aggrieved by the judgment of the first appellate Court allowing the appeal preferred by the original defendants and dismissing the suit filed by the plaintiffs.

2. One Lahanu Idre was the common ancestor who was married with one Sitabai. From said wedlock they had three sons, Anandrao (plaintiff No. 1), Pandhari, son of Nathu their second son (plaintiff No. 2) and Gajanan-defendant No. 1. According to plaintiffs, their father was having agricultural land and house property. The ancestral property was partitioned after the death of Lahanu in the year 1957. As per said partition, field Survey Nos. 94/6 and 93/5 (new 482) went to the share of defendant no. 1. Field Survey No. 94/7 (new 485) went to the share of Nathu-the father of plaintiff no.2 and field Survey Nos. 94/3 and 93/3 (new 484) went to the share of plaintiff No. 1. The defendant no.1 sold field Survey No. 482 for consideration of Rs. 66,500/- on 27.02.1996 to the defendant no. 2. According to plaintiffs, they had preferential right to purchase said field bearing Survey No. 482. Hence, on the b





















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