EKNATH S/O ANKUSH GAVAI Vs. SMT. PANCHASHILA DNYANDEV KHARAT
HIGH COURT OF BOMBAY
Eknath S/O Ankush Gavai
Smt. Panchashila Dnyandev Kharat
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(1.) Heard finally by consent of the learned counsels
appearing for the parties.
(2.) In Regular Civil Suit No. 3 of 2005, the trial Court passed a decree on 30.06.2008 holding that Nagabai could
not have sold 85R of land initially to defendant No.4 and
subsequently by defendant no.4 to defendant nos. 5 and 6 on
23.07.2004. The trial Court passed a decree holding that the defendants shall be at liberty to file a suit for partition and
separate possession in respect of 60R of land against
Panchsheelabai and further decree is passed to direct
immediate delivery of possession of the said 85R of the land
to the plaintiff.
(3.) This decree passed by the trial Court was the subject matter of challenge in Regular Civil Appeal No. 85 of
2008. Though the lower appellate Court dismissed the appeal on 01.07.2013, the decree passed by the trial Court
is substituted by a modified decree. This decision of the
lower Appellate Court rendered on 01.07.2013 is the subject
matter of challenge in this appeal by original defendant nos.
1, 2, 3,5 and 6.;
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