2025:BHC-AUG:28933 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 101 OF 2015 SHAIKH SHAHIN SHAIKH PASHA DIED LRS FARJANABEE AND OTHERS VERSUS SHAIKH PASHA SHAIKH KHAIRUDDIN AND OTHERS ...

Advocate for Appellants : Mr. Thigale Girish K. (Naik).

Advocate for Respondent Nos.2 to 4 : Mr. Tungar Hrishikesh V.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 07.10.2025 FINAL ORDER :

1. Being aggrieved by concurrent findings of facts recorded by Courts below in dismissing the suit, the appellants/original plaintiffs have preferred this appeal. It is emanating from Regular Civil Suit No.26 of 1996 filed for declaration and perpetual injunction.

2. The genealogy showing relationship of the parties is as follows :

Shaikh Pasha S/o Shaikh Khairuddin (Defendant No.1)

Abzalbi W/o Shaikh Pasha (Plaintiff No.2)

___________________________________________________

Sk. Shahin Sk. Aslam Sk. Islam Sk. Hamid Sk. Anwar P1 P3 P4 P5 P6

3. It is contended that land Gut No.101 belonged to father of the plaintiffs i.e. respondent No.1 Shaikh Pasha, defendant No.1. He partitioned the land in the year 1983 in favour of the plaintiffs and himself. Thereafter, in the year 1986, he sold different p