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2019 Supreme(Bom) 1215

VIBHA KANKANWADI
Sonabai Pundalik Suralkar – Appellant
Versus
Savitribai Shivlal Chikate – Respondent


Advocates Appeared:
For the Appellant :Mr. Vijay B. Patil, Advocate
For the Respondent:Mr. Girish A. Nagori, Advocate

JUDGMENT :

1. Present appeal has been filed by the original plaintiffs who had filed Regular Civil Suit No. 89 of 2006 before Civil Judge (Junior Division), Jamner, District Jalgaon, for declaration, partition of immoveable property and permanent injunction. The said suit came to be dismissed on 17-07-2009 and the appeal filed by the plaintiffs i.e. Regular Civil Appeal No. 150 of 2009 filed by them before learned Principal District Judge, Jalgaon, came to be dismissed on 27-07-2015. [Parties are referred hereinafter as per their nomenclature before trial Court.]

2. The original plaintiffs had come with a case that they and the defendants are the daughters of one deceased Bhika Mahipat Dike. The plaintiffs are the real sisters inter se, whereas the defendants are real sisters inter se and they are stepsisters of each other. Agricultural land bearing Gut no.82/1 admeasuring 04 hectares 96 R situated at village Sheri, Taluka Jamner, District Jalgaon, and house property no.122, 123 and 125 of the same village are the ancestral properties of Bhika. According to them, after death of B

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