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2018 Supreme(Bom) 1137

SHALINI PHANSALKAR JOSHI
Balkrishna Pandurang Halde – Appellant
Versus
Yeshodabai Balkrishna Halde – Respondent


Advocates Appeared:
For the Appellants : Mr. Tejas Dande, Mr. Sachin Gite.
For the Respondent: Mr. Suresh M. Sabrad.

JUDGMENT :

SHALINI PHANSALKAR JOSHI, J.

1. Heard learned counsel for Appellants and Respondents finally, at the stage of admission itself.

2. Admit.

3. Both these Second Appeals are preferred by the unsuccessful Defendants against the Common Judgment and Decree dated 4th September 2013 passed by District Judge-1, Niphad, District Nashik, in Regular Civil Appeal No. 177 of 2005 and Regular Civil Appeal No. 206 of 2005.

4. These two Appeals were directed against the Judgment and Decree dated 2nd December 2002 passed by the Civil Judge, Senior Division, Niphad, District Nashik, in Special Civil Suit No. 65 of 1995.

5. The said Suit was filed by Respondent Nos. 1 to 3 herein for partition and separate possession of their 1/4th share each in the suit properties. Respondent No. 1 is the legally wedded wife of Appellant No. 1 and Respondent Nos. 2 and 3 are their married daughters. Appellant No. 2 is the second wife of Appellant No. 1 and Appellant Nos. 3 and 4 are the children born to Appellant No. 2 from Appellant No. 1 within the wedlock.

6. It is the case of the Respondents that, the suit lands bearing Gat Nos. 185, 186, 88/2 and 89/1, situate at Mouje Datyane, Taluka Niphad and the house pr































































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