Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 1292-1293 OF 2002

Gajara Vishnu Gosavi

….

Appellant

Versus

Prakash Nanasahed Kamble & Ors.

….

Respondents

O R D E R

1.

These appeals have been filed against the judgment and order of the

Bombay High Court dated 21.3.2000 by which Second Appeal No.183 of

2000 filed by the appellant has been dismissed and judgments and orders of

the Trial Court as well as the First Appellate Court have been affirmed.

2.

The facts and circumstances giving rise to this case are that appellant

filed Civil Suit No.6/87 seeking declaration that she was owner of the

western half part of the suit property, i.e. city Survey no.83 and in actual

physical possession thereof, and further for restraining the

defendants/respondents to cause any obstruction to her possession over the

said property and also for possession of the other part of the property.

3.

The said relief was claimed on the basis that the entire CTS no.83 was

originally owned by Krishna Kamble and Maruti Kamble. Both brothers

had been living separately and were using their respective half part in the

suit premises. Krishna Kamble was i