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VIBHA KANKANWADI
Dada – Appellant
Versus
Bhagaji – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. M.G. Kolse Patil, Advocate
For the Respondent Nos.2, 3, 9 to 11:Mr. K.D. Jadhav, Advocate

JUDGMENT

Vibha Kankanwadi, J.—Present appeal has been filed by original plaintiff, challenging concurrent judgment and decree. He had filed Regular Civil Suit No. 145/2007 before Joint Civil Judge, Junior Division, Sillod, District Aurangabad for partition and separate possession. The said suit came to be dismissed on 26.8.2015. He had challenged the said decree in Regular Civil Appeal No.210/2015. The appeal was heard by learned District Judge-1, Aurangabad and it was dismissed on 4.12.2017. Hence, the present Second Appeal.

2. Heard learned Advocates appearing for the respective parties. In order to cut short it can be stated that both of them have made submissions in support of their respective contentions.

3. It has been vehemently submitted on behalf of the appellant that both the Courts below have not considered the evidence as well as law points properly. Both the Courts have mis-read the evidence by ignoring the provisions of The Hindu Succession Act, 1956. The family arrangement and the previous partition ought to have been properly considered in view of the principles laid down in the case of Anar Devi Vs. Parmeshwari Devi – 2006 AIR (SCW) 5063. Only one share-holder is n

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