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2019 Supreme(Bom) 231

VIBHA KANKANWADI
TULSABAI GYANBA SHINDE – Appellant
Versus
SHRIRAM BAPURAO KURHE – Respondent


Advocates:
Advocate Appeared:
A.S. Deshmukh, Adv., R.I. Vakade, Adv.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original plaintiff No. 2 challenging the Judgment and decree in R. C. A. No. 19 of 2012 by District Judge-1, Gangakhed dated 20th November 2014, whereby the appeal filed by the present respondents came to be allowed. In the said appeal, the present respondents had challenged the Judgment and decree passed in R. C. S. No. 60 of 2009 (old R. C. S. No. 9 of 2005) by learned Civil Judge Junior Division, Palam, Dist. Parbhani dated 21.3.2012.

2. The present appellant as well as one more plaintiff had filed the said suit for partition and separate possession. Defendants No. 1 to 4 were the cousin brothers of plaintiff No. 1 and they are the real brothers inter se. Defendants No. 5 and 6 were also the cousin brothers of plaintiff No. 1 and they were the real brothers inter se. Defendants No. 7 and 8 are the sons of defendant No. 4. Plaintiffs had come with a case that agricultural lands bearing Survey No. 36/1 admeasuring 1 H 11 R, Survey No. 36/3 admeasuring 1 H 61 R and Survey No. 36/4 admeasuring 2 H 17 R situated in village Digras, Tq. Palam are the ancestral properties of plaintiffs and defendants. Naroji Bapurao Ku


















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