RANGRAO DHONDIBA SAWANT Vs. CHHAGAN APPA SAPKAL

JUDGEMENT

(1.) This appeal has been filed by the appellants impugning a judgment and decree passed by 7th Additional District Judge, Pune on 21.7.1990 in Civil Appeal No.847 of 1985. The Appellant No.2 is daughter in law of Appellant No.1(Original plaintiff) where as the Appellants Nos. 3 and 4 are his sons. Original Appellant No.2 Yuvraj( deceased) was defendant No.5 in the suit whereas appellant Nos. 3 and 4 were the original defendants 6 and 7 in the suit. Defendant Nos. 5 to 7 were supporting the plaintiffs.

(2.) Brief facts of the case are as under.

(3.) After this litigation was over, plaintiff filed a suit on 27.4.1979 against the heirs of Appa Sapkal, who had expired pending earlier litigation, for a direction to execute a sale deed in respect of the half share of the suit land as aforesaid. This suit was decreed by the trial court on 20.4.1985 but by the impugned judgment and order, the first Appellate court allowed the appeal and in such circumstances, this second appeal came to be filed.