VISHWANATH Vs. KALUBAI

JUDGEMENT

(1.) Present appeal has been filed by original defendant No.1 to challenge concurrent judgments and decrees passed by the Courts below.

(2.) Present Respondent Nos.1 and 2 (original plaintiffs) filed Regular Civil Suit No.116/2008 (Old RCS No.174/2004) before Civil Judge, Junior Division, Deoni, District Latur for partition and separate possession. The learned Trial Court decreed the suit on 23.12.2011 and held that plaintiffs have 7/15th share; Defendant No.1 is having 6/15th share and defendants Nos.2 and 3 are having 1/15th share each in the suit lands. Original defendant No.1 thereafter challenged the said judgment and decree by filing Regular Civil Appeal No.5/2012 before the District Judge-1, Udgir, District Latur. The said appeal came to be dismissed on 25.10.2018. Hence, present Second Appeal.

(3.) Heard learned Advocates appearing for the respective parties.