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2014 Supreme(Bom) 2262

R.M.BORDE, F.M.REIS
Shrihari Vidhyadhar Upadhye – Appellant
Versus
Prashant Vidhyadhar Upadhye – Respondent


Advocates Appeared:
For the Appellant : Parag Wagle
For the Respondents: M. Aguiar

JUDGMENT

R.M. Borde, J.

1. Heard Mr. P. Wagle, learned counsel appearing for the appellants and Mr. M. Aguiar, learned counsel appearing for the respondents. Admit. Heard finally with the consent of the learned counsel.

2. The learned counsel appearing for the respondents waives service.

3. The above appeal challenges the judgment and decree dated 7-6-2014 passed by the learned Civil Judge Senior Division, Ponda, in Special Civil Suit No. 14/2013/A whereby the suit filed by the appellants to partition the property came to be dismissed. The parties shall be referred to in the manner they so appeared in the cause title of the impugned judgment.

4. The plaintiffs filed the suit on the ground that the plaintiff Nos. 1, 3, 5, 7 and the defendant No. 1 are the children of late Vidhyadhar Madhav Upadhye and the plaintiff No. 8 is the widow of the said late Vidhyadhar Madhav Upadhye. The plaintiff Nos. 2, 4, 7 and the defendant No. 2 are the respective spouses of the said plaintiffs and the defendant. It is further the case of the plaintiffs that there exists a property known as 'Ghor Bhat' admeasuring an area of 1,24,800 square metres situated at Village Queula of Ponda Taluka surveyed under N




















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