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2024 Supreme(Online)(Bom) 6732

BOMBAY HIGH COURT
GAURI GODSE, J
SHANTABAI RAMCHANDRA PARDHI AND ORS. – Appellant
Versus
BALU BHORU PARDHI – Respondent


Advocates:
Mr. Samir Suryawanshi for the Appellants.

Table of Content
1. second appeal is preferred (Para 1 , 2 , 3)
2. learned counsel for the appellants submitted (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. the first appellate court failed (Para 19 , 20 , 21 , 22 , 23 , 24)
4. the second appeal is allowed (Para 25)

JUDGMENT:

1. This Second Appeal is preferred by the original plaintiffs to challenge the judgment and decree passed by the First Appellate Court. The trial court had decreed the suit granting one-fourth share jointly to the plaintiffs by declaring that the sale deed in favour of defendant no. 2 was not binding on the plaintiffs’ share. Defendants nos. 1, 2 and 3 were declared to have one-fourth share each in the suit property. The First Appellate Court partly allowed the first appeal preferred by defendant no. 2 and modified the trial court’s decree to the extent of the suit properties, which were the subject matter of the sale deed executed in favour of defendant no. 2.

2. Plaintiff no.1 is defendant no. 1’s daughter-in-law, i.e. wife of defendant no.1’s predeceased son (“Ramchandra”). Defendant nos. 2 and 3 are the other two sons of defendant no. 1. Plaintiff nos. 2 to 4 are children of plaint

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