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2017 Supreme(Bom) 2163

B.P.DHARMADHIKARI, SWAPNA JOSHI
Shrikant s/o Trimbakrao Begade – Appellant
Versus
Natthu Maroti Shivarkar, Aged Major, (Dead through L. Rs. ) – Respondent


Advocates Appeared:
For the Appellants :Mr. R.L. Khapre, Advocate.
For the Respondents:Mr. A. Parchure with Mr. D.J. Deshpande, Advocates.

JUDGMENT :

B.P. Dharmadhikari, J.

1. Original plaintiffs challenge the judgment dated 15.7.1991 delivered by the learned Single Judge of this Court in First Appeal No.133 of 1976 setting aside the decree of Trial Court. Civil Judge, Senior Division, Chandrapur, which had decreed their Special Civil Suit No.33 of 1971 on 30.6.1976 and declared that sale-deed dated 20.10.1951 executed by their father (defendant no.5) Trimbakrao in favour of the defendant nos. 1 and 3, deceased Mahadeo and Shrawan was not binding on their ?th share in the joint Hindu family property. Said Suit stands dismissed because of the impugned judgment and decree of the learned Single Judge.

2. Plaintiffs are the sons of original defendants no. 5 Trimbakrao and no. 6 Shalinibai. Trimbakrao inherited about 350 acres of agricultural lands and malgujari rights to few villages. He married Shalinibai in 1949. Plaintiff no. 1 Avinash was born on 15.8.1950; Plaintiff no. 2 Shrikant on 6.5.1957; no. 3 Dhananjay on 15.8.1959; no.4 Umakant on 22.3.1960 and plaintiff no. 5 Laxmikant on 1.11.1964. These sons of Trimbakr





































































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