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2018 Supreme(Bom) 1719

A.M.DHAVALE
Bhagga Damma Bhil – Appellant
Versus
Sau. Ranu w/o. Raising Pawar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Sawale, Advocate
For the Respondent:Mr. V. V. Deshmukh, Advocate

JUDGMENT :

1. This is an appeal by the original defendants challenging the Judgment and Decree in Civil Appeal No. 32/1983 passed by learned District Judge, Dhule on 06.01.1987 whereby the Judgment and Decree of dismissal of Reg. Civil Suit No. 10/1981 passed by Civil Judge Jr. Divn., Taloja Camp, Shahada was reversed and decree for partition was passed in favour of daughter of a Scheduled Tribe on the basis of custom pleaded by her.

2. A brief reference to the facts is essential for deciding this appeal. The genealogy undisputed is as follows:

Genealogy

Dama

Laga

Bhaga (Deft. No. 1)

Gulabsingh

Ranubai (Plaintiff)

Shama (Deft. No.2)

3. The plaintiff-Ranu is thus niece of her real uncle Bhaga (Defendant No.1) and cousin of defendant No. 2 Shama. Following ancestral properties are the suit properties.

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4. The plaintiff claimed tha

























































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