EKNATH S/O ANKUSH GAVAI Vs. SMT. PANCHASHILA DNYANDEV KHARAT
LAWS(BOM)-2016-7-69
HIGH COURT OF BOMBAY
Decided on July 18,2016

Eknath S/O Ankush Gavai Appellant
VERSUS
Smt. Panchashila Dnyandev Kharat Respondents

JUDGEMENT

- (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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