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BOMBAY HIGH COURT - BENCH AT AURANGABAD
T. V. Nalawade, J
Shaikh Gulab S/o Shaikh Sardar – Appellant
Versus
Shaikh Shabbir S/o Shaikh Lal – Respondent
| Table of Content |
|---|
| 1. claims to property rights as heirs based on joint ownership. (Para 1 , 3 , 4) |
| 2. defence of adverse possession versus claims of legal heirs. (Para 2 , 5) |
| 3. requirement of clear evidence for ownership and adverse possession. (Para 8 , 9 , 12) |
| 4. conclusion on appeal dismissals based on the provided evidence. (Para 14) |
| 5. the final ruling on the appeal and judgment status. (Para 15) |
ORAL JUDGMENT:
1. This appeal is filed to challenge the judgment and decree of Regular Civil Appeal No. 303 of 2004 which was pending in the Court of 2nd Adhoc Additional District Judge, Aurangabad. The first Appellate Court has set aside the judgment and decree of dismissal of Regular Civil Suit No. 839 of 2002 which was filed by present Respondents for relief of partition and possession of their share from land Gat No.111 (Old Survey No.35/1/2) situated at Loni, Tahsil Khultaba, District Aurangabad. The total area of this land is 87 Are and it is the case of the plaintiffs that they have ½ share in this land. Such share is given by the first Appellate Court. Both the sides are heard.
2. The appeal was admitted on following points and they were considered as substantial questions of law:
(i)
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