Bombay High Court
CIVIL APPEAL 47 of 1989 on 4 April 1984
IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD
SECOND APPEAL NO.47 OF 1989(BOMBAY: SECOND APPEAL NO.343 OF 1987)
Venubai Amrita Rohomare,deceased, through her L.Rs.:
1A Anna Amruta Rohamare, age: 74 years,
1B Jagannath Amruta Rohamare,
age: 70 years;
1C Chandrabhan Amruta Rohamare, age: 67 years, All R/o Pohegaon, Tq.Kopargaon, District Ahmednagar.
Appellants
Versus
1 Shankar Kisan Pangavhane, age: 27 years, R/o Pohegaon, Tq. Kopargaon, Ahmednagar.
2 Bansi Kisan Pangavhane, age: 22 years, both are agriculturists, R/o Pohegaon, Tq. Kopargaon, Ahmednagar.
3 Bhagu Baburao Kale, age: 55 years;
4 Parwatabai Baburao Kale,
age: 60 years;
5 Bhamabai Kisan Pangavhane, age: 60 years, 6 Babubai Shrimant Sonawane, age: 40 years, R/o Chincholi Gurav, Tq. Sangamner, Ahmednagar.
7 Jijabai Popat Shinde,
age: 38 years, Malegaon, Tq.Kopargaon, Ahmednagar.
8 Narmadabai Changadeo Kale, R/o Kopargaon, Ahmednagar, age: 35 years; 9 Gangubai Thakun Khond, age: 30 years, R/o Malegaon Thadi, Kopargaon.
Respondents No.3 & 4 R/o Mahegoan Deshmukh, Tq.Kopargaon, Ahmednagar.
Respondent No.5 R/o Mahegaon Deshmukh, Tq. Kopargaon.
Respondents
Mr.S.D.Kulkarni, advocate for appellants.
Page 1 of 2
Mr.R.N.Dhorde, advocate for Respondents No.1, 2, & 5 to 9.
JUDGMENT:
CORAM: R.M.BORDE, J.
DATE : 19.12.2008.
1This is an appeal by original plaintiff raising exception to the judgment and decree dated 30.07.1981, passed by Civil Judge, Junior Division, Kopargaon in Regular Civil Suit No.736/1975, modified by Assistant Judge, Ahmednagar, on 04.04.1984 in Regular Civil Appeal No.379/1981.
2The first appeal has been decided by the first appellate Court along with another appeal presented by original defendants bearing Regular Civil Appeal No.351/1981. A Second Appeal raising exception to the judgments and decree passed by the Courts below, at the instance of original defendants no.1, 2 & 6 to 9, being Second Appeal No.33/1989, has been dealt with and decided by this Court by a separate judgment delivered today.
3For the reasons set out while deciding the said appeal, instant appeal presented by original plaintiff does not call for any consideration.
4Appeal, therefore, stands dismissed. In the facts and circumstances of this case, there shall be no order as to costs.
adb/SA4789
(R.M.BORDE) JUDGE
*******
Page 2 of 2
Loading citations and judicial treatment…