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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 464 OF 2007

WITH

CIVIL APPLICATION NO. 1186 OF 2005

Bhau Ramchandra Agarkar & ors........Appellants

versus

Shantaram Pandurang Agarkar & ors........ Respondents.

Mr. R.S. Apte Sr. adv. I/b A.A. Garge adv. for the Appellants

None for the respondents

CORAM: A. P. DESHPANDE, J.

DATED : 5th JANUARY, 2009.

P.C.:

1.

This second appeal takes an exception to the judgment

and decree passed in favour of the respondent/plaintiffs for

partition and separate possession. The decree passed by the

trial court has been confirmd by the first appellate court by

dismissing the appeal. Hence this second appeal.

2.

The plaintiff/Respondent had approached the trial

court by contending that they have ½ share in the suit property,

the properties being ancesstral. The present appellants by filing

written statement contended that though the propeties were joint

family properties earlier, there was a partition between the

plaintiffs and the defendants about 50 years back and thus the

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suit properties which are in possession of the defendants are

owned by