Bansinh Jawaharsinh Sagar ... vs Deepaksinh Kachrusinh Sagar ...
2022 Latest Caselaw 9592 Bom

                                                                      SA-531-2022.odt




               IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                          BENCH AT AURANGABAD

                         SECOND APPEAL NO. 531 OF 2022

 Bansinh Jawaharsinh Sagar (Thakur) & Ors        ... Appellants
       Versus
 Deepaksinh Kachrusinh Sagar (Thakur) & Ors ... Respondents
                                 ....
 Mr. Vivek V. Bhavthankar, Advocate for appellants
                                 ....

                                    CORAM : R. G. AVACHAT, J.

DATED : 21st SEPTEMBER, 2022

PER COURT :-

. Not on board. Taken on board.

2. The motion is made for speaking to the minutes of the

order dated 08th September, 2022.

3. Delete para Nos. 3 and 4 of the order dated 08 th

September, 2022 and add the following:

3. The plaintiff Nos. 1 to 5 are the children of plaintiff

No.6. Original defendant No.1 (died pending the suit) was the

father-in-law of plaintiff No.6. The defendant Nos. 2 to 4 are

the brothers in law of plaintiff No.6 (brothers of her deceased

husband). It is the case of the plaintiffs that the suit house

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(( 2 )) SA-531-2022

properties were ancestral properties of plaintiffs and

defendants. The trial Court non suited the plaintiffs. The

plaintiffs therefore preferred first appeal (R.C.A. No.64/2014).

The appeal came to be allowed declaring the suit property to

be the joint family property of the parties to the suit. A decree

for partition and separate possession therefore came to be

passed.

4. The said judgment and decree is under challenge

in this Second Appeal.

5. On having heard the learned Advocate for the

appellants and after having gone through the impugned

judgment, this Court is of the view that it is a finding of fact

recorded on the basis of the evidence in the matter. No

substantial question of law arises in this Second Appeal.

6. The Second Appeal is therefore, dismissed.

[ R. G. AVACHAT, J. ] SMS

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