2024:BHC-AS:23419 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.335 OF 2015

1. Kamlakar Purushotam Inamdar Age-66 years, Occ: Agriculture (Deleted)

2. Sou. Sulochana Kamalakar Inamdar Age-59 years, Occ: Agriculture Both residing at : Nimbhore Taluka : Phaltan Dist. Satara

3. Rasika Ravindra Kulkarni Age-39 years, Occ: Agriculture Residing at : Chimangaon, Taluka: Koregaon Dist. Satara ...Appellants.

Versus

1. Smt. Rajani Shriram Madiwale Age-79 years, Occ. Housewife Residing at : Vidyanagar, Phaltan Dist. Satara.

2. Prabhavati Laxmikant Inamdar Age- 86 years, Occ. Housewife Residing at : Sakharwadi Taluka : Phaltan Dist. Satara.

3. Vandana Vijay Jadhav Age-65 years, Occ. Housewife Residing at: Sardarbazar, Satara.

4. Shri Gajanan Arvind Inamdar Age-46 years, Occ. Agriculture Residing at : Padali Taluka : Khandala Dist. Satara.

5. Kumudini Dattatraya Avachat Age-49 years, Occ. Housewife Residing at : Wathar station, Taluka : Koregaon, Dist. Satara.

6. Suman Padmakar Sapre Age-44 years, Occ. Housewife Residing at : Wathar station, Taluka : Koregaon, Dist. Satara. 7. Shri Ashok Ramchandra Joshi Age-66 years, Occ. Retired Residing at :103, Siddhi Housing Co-op.

Society Plot No.5, Room No.1, Mhada colony, Mumbai (East).

8. Smt. Kunda Ramchandra Joshi (Deleted)

Age-70 years, Occ. Retired Residing at : Shivam Apartment, A-wing, Room No.124 in front of Veer Savarkar ground, Uran Dist. Raigad. ...Respondents.

WITH SECOND APPEAL NO.336 OF 2015

1. Kamlakar Purushotam Inamdar Age-66 years, Occ: Agriculture (Deleted)

2. Sou. Sulochana Kamalakar Inamdar Age-59 years, Occ: Agriculture Both residing at : Nimbhore Taluka : Phaltan Dist. Satara

3. Rasika Ravindra Kulkarni Age-39 years, Occ: Agriculture Residing at : Chimangaon, Taluka: Koregaon Dist. Satara ...Appellants.

Versus

1. Smt. Rajani Shriram Madiwale Age-79 years, Occ. Housewife Residing at : Vidyanagar, Phaltan Dist. Satara.

2. Prabhavati Laxmikant Inamdar Age- 86 years, Occ. Housewife Residing at : Sakharwadi Taluka : Phaltan Dist. Satara.

3. Vandana Vijay Jadhav Age-65 years, Occ. Housewife Residing at: Sardarbazar, Satara.

4. Shri Gajanan Arvind Inamdar Age-46 years, Occ. Agriculture Residing at : Padali Taluka : Khandala Dist. Satara.

5. Kumudini Dattatraya Avachat Age-49 years, Occ. Housewife Residing at : Wathar station, Taluka : Koregaon, Dist. Satara.

6. Suman Padmakar Sapre Age-44 years, Occ. Housewife Residing at : Wathar station, Taluka : Koregaon, Dist. Satara. 7. Shri Ashok Ramchandra Joshi Age-66 years, Occ. Retired Residing at :103, Siddhi Housing Co-op.

Society Plot No.5, Room No.1, Mhada colony, Mumbai (East).

8. Smt. Kunda Ramchandra Joshi (Deleted)

Age-70 years, Occ. Retired Residing at : Shivam Apartment, A-wing, Room No.124 in front of Veer Savarkar ground, Uran Dist. Raigad. ...Respondents.

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Mr. Shriram S. Kulkarni for the Appellants-Applicants.

Mr. V. S. Talkure for Respondent Nos.1 to 3.

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Coram : Sharmila U. Deshmukh, J.

Reserved on : 7th May 2024.

Pronounced on : 14th June 2024.

JUDGMENT:

1. Both the present appeals arise out the common judgment dated 9^th January, 2015 passed by the Appellate Court in Regular Civil Appeal No 97 of 2013 and Regular Civil Appeal No 115 of 2013.

2. Regular Civil Appeal No 97 of 2013 was filed by the original Plaintiff Nos 1 to 3 and Regular Civil Appeal No 115 of 2013 was filed by the original Defendant Nos 7 and 8 challenging the judgment and decree dated 5^th March, 2013 passed by the Trial Court in Regular Civil Suit No.132/2010 partly decreeing the suit determining the shares of the parties i.e. 1/18th share of Plaintiff Nos 1 to 3 each, 7/18th share of Defendant No 1, 7/18^th share of the Defendant Nos 4 to 6 collectively and 1/18^th share of Defendant Nos 7 and 8 collectively in suit properties situated at Mauje Kashidwadi, Taluka Phaltan and Mauje Padali, Taluka Khandala.

FACTUAL MATRIX :

3. Regular Civil Suit No.132/2010 was filed by the Plaintiffs initially against Defendant Nos.1 to 3 seeking partition and