LILAVATI NARAYAN AROLKAR SINCE DECEASED, THR. L.RS. WIFE OF LATE NARAYAN SADASHIV AROLKAR AND ORS. Vs. SMT. GOHUKE ALIAS BHANUMATI NAGESH, HOUSEWIFE AND HER HUSBAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Usgaonkar, learned Counsel for the appellants and Mr. Pangam, learned Counsel for respondent nos. 1 and 2. None for other respondents.

(2.) By this Second Appeal, the appellants take exception to the judgment and decree dated 9th October, 2002 passed by the Additional District Judge, Mapusa in Regular Civil Appeal No.10/2000 allowing the appeal against the judgment and decree dated 30th November, 1999 by which the Civil Judge, Senior Division, Mapusa dismissed the suit filed by the plaintiffs for partition.

(3.) Respondent nos. 1 and 2, who are the original plaintiffs filed the above suit against the appellants and respondent nos.3 to 10 for partition of the suit property. The plaintiffs claimed 1/6th share in the property 'RAINCHO SOROVO' surveyed under Chalta no.3 of P. T. Sheet No.100 of City Survey Mapusa ('The suit property'). The defendant nos.1 to 10 and 16 to 21 contested the suit by filing written statement. The trial Court dismissed the suit bearing no. Special Civil Suit No.187/1990. The plaintiffs examined one witness and produced several documents. The defendants examined four witnesses and produced several documents. The trial Court dismissed the suit, whereas the lower appellate Court has allowed the appeal.