SMT. CHAYABAI WD/O. KASHINATH BHAMBIRE Vs. SMT. SUBHADRABAI RAMCHANDRA BHAMBIRE (DIED) THR. LRS KAMAL SHANTRAM NIGHUT

JUDGEMENT

(1.) Present appeal has been filed by original plaintiff Nos.1 and 3 to challenge the concurrent finding and decree in respect of rejection of part of their suit i.e. rejection in respect of partition of agricultural lands by both the Courts below.

(2.) Present appellants and respondent No.9 had filed Regular Civil Suit No.132 of 2000 before IInd Joint Civil Judge Senior Division, Ahmednagar for partition and separate possession of the agricultural lands described in paragraph No.1 of the plaint as well as partition of house properties described in paragraph No.1(a) of the plaint. The said suit was partly decreed on 08.02.2007. The suit in respect of partition of agricultural land was dismissed. The plaintiffs were jointly held to have 1/3rd share in the house property described in paragraph No.1(a) of the plaint. Defendant No.1-A and defendant No.2 were also held to be entitled to get 1/3rd share each in the said house property. Suit for declaration of sale-deed in respect of agricultural land was also dismissed.

(3.) Only plaintiffs preferred Regular Civil Appeal No.103 of 2007 before the learned Principal District Judge, Ahmednagar and the said appeal came to be dismissed on 28.01.2013. Hence, this second appeal by original plaintiff Nos.1 and 3.