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2023 Supreme(Bom) 666

URMILA JOSHI-PHALKE
Sheela Assav Thomas – Appellant
Versus
Swarnalata, Wd/o. Deepak Wasnikar – Respondent


Advocates Appeared:
For the Appellants : Mrs Ramnik Kaur Dadiyal.
For the Respondent: Mr Mahesh Masodkar.

JUDGMENT :

1. Heard learned Counsels appearing for the parties.

2. Present appeal is preferred by the appellants, who are the original defendants, against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur in Regular Civil Appeal No.392 of 2019 maintaining the judgment and decree passed by the 23rd Joint Civil Judge Senior Division, Nagpur in Regular Civil Suit No.2571 of 2012. The parties hereinafter referred as per their original nomenclature.

3. The brief facts, which are necessary for the disposal of the appeal, are as under :

The plaintiffs have filed a suit for possession of suit property bearing Plot No.82 and 92 admeasuring 172.93 Sq. Mtrs. situated in City Survey No.388 at Ambedkar Nagar, Nagpur (hereinafter referred as “house property”). The plaintiffs are residing on first and second floor and the defendants are residing on ground floor of the house property consists of Varandha, Hall, Store Room, Kitchen, Bedroom admeasuring total build up area 41.66 Sq Mtrs. (hereinafter referred as “the suit property”).

4. The relationship between plaintiff No.1 and plaintiff No.2 is mother-in-law and daughter-in-law.

5. Defendant No.1 is niece of plaintif

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