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M. S. JAWALKAR
Vimal Shrawan Bhajbhuje – Appellant
Versus
Shankar Pusaram Tarale – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for both the parties.
2. The present appeal is filed by original plaintiffs being aggrieved by the judgment and decree passed in Regular Civil Appeal No.147/2003 by learned 3rd Ad-hoc Additional District Judge, Wardha thereby the decree passed in Regular Civil Suit No.162/1984 passed by learned Civil Judge, Junior Division, Hinganghat on 26/09/2003 are set aside.
3. The facts can be summarized for filing suit as under: The plaintiff No.1 is the wife of defendant No.2 Shrawan and plaintiff Nos.2, 3, 4 and 5 are the sons of Shrawan. Chindhuji was the father of Shrawan. Chindhuji died in the year 1963. He left about 48 acres of agricultural land including gold, silver and cash. In the year 1966, there was a partition took place in between defendant No.2 i.e. Shrawan and the brother of Chindhuji namely Laxman. As per this partition, Shrawan got 23.50 acres of agricultural land and other movable articles. During the year 1975, defendant No.2 raised money by executing Isarpatra of following field i.e. Khasra No.21/2K, area 5 acres, at mouza Shahalangadi. Plaintiff No.1 however by paying money, saved the suit field by paying off the said Ganpat. On 0
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