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2024 Supreme(Bom) 369

SANDEEP V. MARNE
Ramakant Ganesh Naik – Appellant
Versus
Anusaya Shantaram Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vikram Walawalkar, Amey Sawant, Sayali Gangal, Iqra Qureshi, Viren Tapkir.
For the Respondent: Nachiket Khaladkar.

JUDGMENT :

SANDEEP V. MARNE, J.

(A) THE CHALLENGE

1. These two Appeals are filed by the Appellants challenging separate Judgments delivered by the District Court, Sindhudurg in Regular Civil Appeal No. 81/2015 and Regular Civil Appeal No. 108/2015. The District Court has proceeded to dismiss both the Appeals filed by the Appellant and has confirmed the decrees of the Trial Court. Resultantly, Regular Civil Suit No. 14/2003 filed by the Appellant No. 1 seeking declaration of title and possession of land bearing Survey No. 170, Hissa No. 2 is dismissed whereas Regular Civil Suit No. 52/2003 filed by the Respondents for partition of suit property including the land at Survey No. 170, Hissa No. 2 is decreed. In short, the Appellants are aggrieved by the decisions of the Trial and the first Appellate Court in not treating the lands purchased by their father-Ganesh Babi Naik under the provisions of Section 32G and 32M of The Maharashtra Tenancy and Agricultural Lands Act, 1956 (‘Tenancy Act’) to be his self-acquired property.

(B) FACTS

2. Briefly stated, facts of the case are one Babi Nai

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