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2022 Supreme(Online)(Bom) 3098

HIGH COURT OF BOMBAY
SHRIKANT D. KULKARNI, J
Rajesh S/o. Panditrao Pawar – Appellant
Versus
Parwatibai W/o. Bhimrao Bende – Respondent


Advocates:
For the Appellants/Petitioners: Mr Prakashsing B. Patil
For the Respondents: Mr Shahaji B. Ghatol Patil

JUDGMENT :

1. Heard finally at admission stage with consent of both the sides.

2. Unsuccessful original defendant Nos. 2 to 4 have preferred this second appeal against impugned Judgment and decree passed by the District Court in Regular Civil Appeal No. 149/2014 arising out of Judgment and decree passed in Regular Civil Suit No. 192/2009 by the learned 4th Jt. Civil Judge Junior Division, Parbhani.

3. It is necessary to have a glance on few facts in order to throw light on the dispute. The appellants have purchased the suit property from respondent No. 2/adopted son of Kausalyabai (original plaintiff No.1 since deceased) vide three registered sale deeds dated 02.06.1995. The adoptive mother ( Kausalyabai) and sister Parwatibai had filed a suit on 17.08.2019 for declaration of ownership, recovery of possession with further declaration that sale deeds executed by defendant No.1 (adopted son) in favour of the appellants are not binding their shares.

4. During pendency of the suit, original plaintiff No. 1/ Kausalyabai died and suit was contested by plaintiff No.2/Parwatibai. The trial court was pleased to decree the suit partly as under :-

01. Suit of the plaintiff is partly decreed as fol

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