LAWS(BOM)-2021-10-322

SOU. JYOTI Vs. SUMANT

Decided On October 29, 2021
Sou. Jyoti Appellant
V/S
Sumant Respondents

JUDGEMENT

(1.) Heard learned Advocate Shri P.D. Randive for the applicants/appellants and learned Advocate Shri M.P. Dhruv for non-applicant/respondent Nos.1 to 4 & 6.

(2.) This is an application for review by the appellants in the second appeal. Defendant No.2 is the original purchaser on the basis of one of the sale- deeds executed by defendant No.1-Pandharinath. Whereas, defendant No.5 is a subsequent purchaser. Plaintiff Nos.1 to 4 are the legal heirs of defendant No.1- Pandharinath. During his life time, they have challenged various sale-deeds executed by defendant No.1 and they have asked for partition of the suit land.

(3.) Their suit was dismissed by the trial Court, whereas the first appellate Court in an appeal filed by the plaintiffs reversed the judgment and decreed the suit. Amongst the five defendants, only defendant Nos.2 & 5 have preferred Second Appeal No.57/2016. This Court as per the judgment dated 25/08/2016 dismissed the second appeal without admitting and without framing substantial questions of law.