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wp 1222.92.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1222 OF 1992

Shri Shankar Ranuji Kanwade (Deceased)

through his L.Rs.

1. Smt. Gaubai Shankar Kanwade

age: major, occu: agricultural and

household

2 Shri Jagganath Shankar Kanwade

age: major, occu: agricultural

3 Shri Vishwanath Shankar kanwade

age: major occu: agricultural

petitioner; r/o Lingdev, Tq. Akola

District: Ahmednagar

Petitioner No.2

R/o Lingdev, Taluka Akola

District: Ahmednagar

Petitioner Nos.1 and 3

R/o Shantabai Sankar Revale Chal

Room No.1, Kajipada, Shrikrishnanagar,

Boriwali (East) Bombay 66 PETITIONERS

Versus

1. Shri Bhausaheb Dagadu Ambre

died through LRS

1(a) Nivrutti Bhausaheb Ambre, (LR.s. Of deceased No.1

age: 25 years, occu; agri., brought on record vide

Hon’ble Court’s order dtd.

1(b) Popat Bhausaheb Ambre 22.11.2004 passed in

age: 15 years, occu: nil C.A.No.10801/2004)

1(c) Ramesh Bhausaheb Ambre,

age: 13 years, occu: nil

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wp 1222.92.odt

1(d) Shalini Bhausaheb Ambre,

age: 17 years, occu: agri

1(e) Smt. Narangabai Bhausaheb Ambre

age: 51 years, occu: agril

Respondent No.1(b) to 1(d) are minor

through their mother guardian respondent

No1(e)

All R/o Lingdeo, Tq. Akola, Dist. Ahmednagar

2. Smt. Bhimabai Bhika Korade (Respondents Nos.2, 3

age: major, occu: agricultural & 5 are abated as per

Both r/o Lingdev, Tq.Akola order dated 26.3.2012)

District: Ahmednagar

3. Smt. Mamtabai w/o Kisan Bhor

age: major, occu: household

r/o Dhamangaon, tq. Akola,

Dist. Ahmednagar

4. Smt. Kondabai w/o Chintaman Choudhari

age: major, occu: nil

r/o Lahit Bk Tq. Akola

Dist. Ahemadnagar

5. Smt. Shakuntalabai Kisan Malunjkar

age: major, occu: agricultural

r/o Rmbhodi, Tq. Akola

Dist. Ahmednagar

6. Smt. Bhikabai Maruti Choudhary

r/o Ambhor, Tq. Akola,

Dist. Ahmednagar

7. Smt. Kakubai Kushabai Kanwade

age: major, occu: nil

r/o Lindeo, tq. Akola,

Dist. Ahmednagar

8. The State of Maharashtra

through: Government Pleader

High Court Bench Aurangabad. RESPONDENTS

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wp 1222.92.odt

Mr.K.D. Bade Patil advocate for the petitioners

Mr.Ambekar h/f Mr.S.T.Shelke, advocate for Respondent No.1 to 6

Mr. K.G. Ghadre Patil advocate for respondent No.7

Mr. R.D. Bhalerao advocate for respondent No.1(a) and 1(e)

(CORAM : RAVINDRA V. GHUGE, J)

RESERVED ON : 13/11/2014

PRONOUNCED ON : 18/12/2014

ORAL JUDGMENT :-

1.

By order dated 26.6.1992, this Court heard the matter and

issued Rule.

2.

The contentions of the petitioners can be summarized as

under:-

(a)

The deceased Shankar (original petitioner) was the adopted

son of deceased Reubai who was owner of the suit land

bearing survey no.32 having area 3.86 acres, survey no.32

having area 2.57 acres, survey No.34/4 having area of 2.41

acres, survey No.35/2 having area of 5.23 acres and survey

No.64 having area of 1.26 acres.

(b)

The total area is admeasuring 15.33 acres situated in

village Lingdev Tq. Akole, District: Ahmednagar is said to

be the ancestral property of the petitioner.

(c)

The original landlord Kushaba had two sons Viz.Nagu and

Ranu.

(d)

Both Nagu and Ranu have died prior to 1932.

(e)

Anabai was the widow of Nagu and after his death she was

his sole legal heir.

(f)

The deceased Ranu left behind three daughters Viz.

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