Sahebrao Gopinath Rathod And ... vs Digambar Gopinath Rathod And ...
2022 Latest Caselaw 1164 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      930 SECOND APPEAL NO.63 OF 2022
                      WITH CA/1067/2022 IN SA/63/2022

               SAHEBRAO GOPINATH RATHOD AND OTHERS
                                  VERSUS
              DIGAMBAR GOPINATH RATHOD AND ANOTHER
                                     ...
               Advocate for Appellants : Mr. Sudhir K. Chavan
                                     ...

                                  CORAM :    MANGESH S. PATIL, J.

                                  DATE :     01-02-2022

PER COURT :

.        Heard Mr. Chavan, learned advocate for the appellants.

2. The appellants are the original plaintiffs, who had succeeded

before the trial court in obtaining a decree for general partition

against their father and one brother. In an appeal filed by defendant

no.2 - brother, the appellate court has quashed, set aside and reversed

the judgment and decree by the judgment and order under challenge,

apparently, on the ground that the suit properties were purchased by

the father as benamidar, without their being any issue in that respect

framed and decided by the trial court.

3. Issue notice to the respondents returnable on 15-03-2022.

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4. Neither the appellants nor the respondents shall create any

third party interest in any of the suit properties till the next date.

( MANGESH S. PATIL ) JUDGE ...

Gajanan