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2018 Supreme(Bom) 871

SHALINI PHANSALKAR-JOSHI
Ratnamala Vilas More – Appellant
Versus
Tanaji Machindra Pawar – Respondent


Advocates Appeared:
For the Appellants : Mr. Sandeep S. Salunke
For the Respondent: Mr. Ajay Joshi

JUDGMENT :

1. Heard learned counsel for the appellant and respondent Nos. 1 to 4.

2. Admit.

3. With consent of both the learned counsels, appeal is taken up for final hearing at the stage of admission itself.

4. This appeal takes an exception to the judgment and decree dated 8.4.2013 passed by Ad Hoc District Judge, Pandharpur, in Civil Appeal No. 129 of 2007, which was directed against the judgment and decree dated 17.4.2007, passed by the III Joint Civil Judge Junior Division, Pandhapur in R.C.S. No. 276 of 1998.

5. The said suit was filed by the present appellants for partition and separate possession of their share in the joint family properties. It is their case that the appellant No.2 is the wife of respondent No.1. Appellant No.1 is their daughter. Respondent No.8, since deceased, was the father of respondent No.1. Respondent No.4 is the second wife of respondent No.1. Respondent Nos. 2 and 3 are the children born to respondent Nos. 1 and 4, out of the wedlock.

6. It is the case of the appellants that as the appellant No.2 was not treated properly by respondent No.1, she was constrained to reside separately from him. Earlier her name was entered into the joint family property bear































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