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2024 Supreme(Bom) 488

SANDEEP V. MARNE
Kalsumbibi Kashim Khanbande – Appellant
Versus
Abdul Rahiman Fakir Patel – Respondent


Advocates appeared:
Mr. G.S. Godbole, Senior Advocate a/w Mr. Mohit D. Joshi, for Appellant. Mr. Surel Shah a/w Mr. Z. A. Jariwala & Ms. Manasi C. Pandit i/b Mrs. Esha Singh Bhadoria, for Respondent No.1. Ms. Hafiza Hajimiya Patel, Respondent No.4-in-person, present.

JUDGMENT

Sandeep V. Marne, J. - Appellant have filed this Appeal challenging the Decree dated 29 September 2022 passed by District Court, Panvel dismissing Regular Civil Appeal No.114 of 2019 (Old Regular Civil Appeal No.346 of 2012) and confirming the Decree passed by Joint Civil Judge, Junior Division, Panvel dated 30 July 2012 in Regular Civil Suit No.164 of 2000. By its decree, the Trial Court had dismissed Plaintiff's suit seeking one-fourth share in Plot received from CIDCO under 12.5% scheme as well as her share in the amount of compensation received towards acquisition of the suit property.2. Plaintiff and Defendant Nos.1 and 5 are siblings. Defendant No.2 is the wife of Plaintiff's deceased brother late Hajimiya Patel and Defendant Nos. 3 and 4 are children of Defendant No.2. Plaintiff's father late Fakir Abdul Rahiman Patel owned various lands as well as house properties at village Owe as more particular described in para 2 of the plaint. All the said properties of late Fakir Abdul Rahiman Patel came to be acquired by the State Government for establishment of Navi Mumbai, City and were handed over to City and Industrial Development Corporation of Maharashtra (CIDCO). Plain

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