2025:BHC-AS:10628

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 325 OF 2020

Smt. Vithabai Baliram Patil (since deceased,

through LRs) and Others ...Appellants

Versus

Mahadeo Shankar Patil and Others ...Respondents

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Mr. Rohit D. Joshi for Appellants.

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Coram : Sharmila U. Deshmukh, J.

Date : 11th December, 2025.

P. C. :

1. The present Appeal is at the instance of the original Plainti challenging the concurrent findings of Trial Court and First Appellate

Court by which the Appellants suit came to be dismissed.

2. Regular Civil Suit No. 68 of 2004 was filed seeking partition and separate possession of suit properties and declaration as regards the sale deeds executed between the Defendant’s inter se. The Plaintiffs came with the case that the suit property was an ancestral joint family property. Gauru, Hari and Dhaya Patil were full blood brothers and each had 1/3^rd undivided share in the ancestral joint family property. The Plaintiffs are from the branch of Dhaya Patil whereas the

Defendants are from the branch of Hari Patil. Gauru died issueless. The Plaintiff’s case is that Dhaya Patil being the elder brother and Karta of joint family proper