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2021 Supreme(Bom) 1801

VIBHA KANKANWADI
Babu – Appellant
Versus
Muktabai – Respondent


Advocates appeared:
Mukul S. Kulkarni, Advocate, Kiran T. Jamdar, Advocate, G. R. Syed, Advocate, V. D. Godbharale, Advocate

JUDGMENT

V.V.KANKANWADI, J. - The second appeal has been filed by original defendant Nos.1, 4 and 5 to challenge concurrent judgment and decree. Present Respondent No.1 is original plaintiff, who had filed Regular Civil Suit No.472/2005 before Civil Judge, Junior Division, Udgir, District Latur for partition and separate possession. The learned Trial Judge decreed the suit on 15/1/2014 and held that, the plaintiff has 1/6th share in Survey No.70/1/1/, admeasuring 4 hectares and 75 Ares, situated at village Madalapur, Tq. Udgir, District Latur. Original defendant No.1 alone, filed Regular Civil Appeal No.9/2014 to challenge the said judgment and decree. The said appeal came to be dismissed by learned District Judge-1, Udgir District Latur on 20/12/2018. Hence, the present Second Appeal.

2. Heard learned Advocates appearing for the respective parties.

3. It has been vehemently submitted on behalf of the appellants that both the Courts below have not considered the evidence and the law points involved properly. The relationship between the parties has not been denied. The plaintiff and defendant No.3 are sisters and defendant No.1 is their brother, inter se. Original defendant No.2 was

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