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2018 Supreme(Bom) 1979

MANISH PITALE
Rekha Rajkumar Bhiwapurkar – Appellant
Versus
Ashok Kanhaiyyalal Bhiwapurkar – Respondent


Advocates Appeared:
H.D. Dangre, A.S. Jaiswal, Piyush Shukla.

JUDGMENT :

1. By this appeal, the appellants are challenging the judgment and order dated 14.10.2016 passed by the Court of Ad hoc District Judge, Nagpur (appellate Court) in Regular Civil Appeal No. 566 of 2017, whereby the appellate Court has dismissed the appeal and confirmed the decree of partition and separate possession passed by the Court of Civil Judge Senior Division, Nagpur (trial Court) in a suit filed by respondent Nos. 1 and 2.

2. The parties are related to each other and belong to the same family. Kanhaiyyalal Bhiwapurkar was the father of respondents herein. He was the grandfather of appellant Nos. 2 and 3 herein and father-in-law of appellant No. 1. The family consisted of Kanhaiyyalal Bhiwapurkar, his wife Vinodini, three sons and three daughters. The respondent Nos. 1 and 2 herein being one of the son and daughter of said Kanhaiyyalal Bhiwapurkar, filed Regular Civil Suit No. 363 of 1999 on 13.4.1999, for partition and separate possession of the suit property, which was House No. 139 on plot Nos. 130 and 131, Ramdaspeth, Nagpur, consisting of three buildings A, B and C. The said respondents (original plaintiffs) claimed that they and other sons and daughters of the


















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