LAWS(BOM)-2021-7-40

DEVIDAS LAXMAN NAVALE Vs. TAHASILDAR

Decided On July 03, 2021
Devidas Laxman Navale Appellant
V/S
TAHASILDAR Respondents

JUDGEMENT

(1.) Heard Mr. V. Y. Bhide, learned counsel for the petitioner and Mr. Vijay Deshmukh holding for Mr. Satyajeet Dixit. learned counsel for respondents No.2 and 3.

(2.) Partition suit bearing Regular Civil Suit No. 429 of 2009 instituted by respondents No.2 and 3 was decreed by the Court of Civil Judge, Senior Division, Sangmner. The decree was carried/ challenged in appeal bearing Regular Civil Appeal No. 43 of 2019 by the petitioner.

(3.) Admittedly, out of three suit properties one situated at village Velhale Tq. Sagmner; second at village Ghulewadi Tq. Sagmner and third at village Gunjalwadi Tq. Sagamner are in possession of the petitioner. Petitioner-defendant, resisted the suit contending that in previous partition these, three properties had fallen to his share. This defence was turneddown by the trial Court and decreed the suit.