( 1 )

sa377.02

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 377 OF 2002

WITH

CIVIL APPLICATION NO. 6458 OF 2002

AND

CIVIL APPLICATION NO. 9700 OF 2013

Gangadhar s/o. Ramkrishna Dharmadhikari

..

Appellant

deceased through LRs.

Versus

Madhukar s/o. Ganesh Gat

..

Respondent

WITH

SECOND APPEAL NO. 14 OF 2014

Gangadhar s/o. Ramkrishna Dharmadhikari

..

Appellant

deceased through LRs.

Versus

Madhukar s/o. Ganesh Gat

..

Respondent

Mr. S.V. Adwant, Advocate for the appellant.

Mr. S.S. Kulkarni h/f. Mr. S.D. Kulkarni, Advocate for

the respondent.

CORAM : A.V. NIRGUDE, J.

DATED :

16.06.2014

P.C. :-

1.

Both these appeals can be disposed of by this

common order.

( 2 )

sa377.02

2.

Both these appeals arise from the common

judgment delivered by lower appellate Court allowing the

respondent’s appeals. The facts leading to this

litigation in short can be stated as under :-

3.

In 1981 one Annaji Ramkrishna died. Original

appellant Gangadhar (original plaintiff in R.C.S. No. 121

of 1982) was Annaji’s brother. Annaji had number of

properties. There were 5 lands and 2 houses. The entire

property belonged to Annaji ca