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R.K.DESHPANDE
Suman Vishnu Pathak – Appellant
Versus
Usha w/o Prabhakarrao Koparkar – Respondent
R. K. Deshpande, J.— The respondent Smt. Usha Koparkar is the original plaintiff and the granddaughter of Late Shri Vishnu Pathak, who filed Regular Civil Suit No. 80 of 1981 claiming that the suit property, which stood in the name of Vishnu Pathak, was acquired by nucleus of joint family funds and hence she was entitled to share in it. She claimed partition and separate possession of 1/36th share in the suit property, i.e. Plot No.17 at Yavatmal. The appellant Nos. l and 2 are the original defendant Nos. 17 and 19, who claimed to be the owners of the suit property on the basis of the codicil executed by Vishnu Pathak on 10.5.1973 bequeathing the suit property in their favour. The appellant Nos.3 to 7 are the original defendant Nos.26 to 30, who claimed to have purchased the suit property from the appellant Nos. 1 and 2.
2. The two sons of Kashinath Pathak, viz. Satish and Vinod, were joined as the defendant Nos. l and 2; Smt. Nirmalabai w/o Kashinath Pathak was joined as the defendant No.3; the another daughter of Kashinath Pathak, viz. Smt. Megha Gadgil, was joined as the defendant No.4; Smt. Premlabai w/o Yashwant Vishnu Pathak, was joined as the defendant No.5; and her
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