Advocates:
['SHRI V S GOKHALE', 'SHRI ASHOK B TAJANE', 'C', 'D', '', 'SHRI ASHOK B TAJANE', 'B TO', R NO DELETED VIDE CT'S ORDER DT, 'SHRI G S GODBOLE', 'C', 'D', 'R NO IS SERVED']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 389 OF 1996

Anant Narayan Thite and Ors.

.....Appellants

V/s.

Narayan Laxman Thite since

decd.by heirs and Ors.

......Respondents

========

Mr.V.S.Gokhale, adv.for appellants.

Mr.G.S.Godbole with Mr.Ashok Tanjane, adv.for respondents.

CORAM: SMT.R.P.SONDURBALDOTA, J.

DATED: 23RD JUNE, 2009.

PC :-

1.

This Second Appeal arises out of the judgment and order

dated 16^th March, 1996 passed by the 7^th Additional District

Judge, Pune in Civil Appeal No.1029 of 1990.

2.

The appellants are the son and daughter-in-law of one

Narayan who was the original plaintiff in Civil Suit No.1053 of

1979. By the said suit, Narayan sought to evict the appellants

from a portion of the residential premises at City Survey No.

1187/35 and to recover the movable property from them. Narayan

contended that the suit property is his self acquired property

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wherein the appellants were residing with him as members of his

family. After the marriage of the appellants, frictions

developed in the family leading to frequent quarrels. Therefore,

Narayan by notice dated 28^t