SAMSHERKHA Vs. SHAKILABI HAFAJATALI MUSALMAN

JUDGEMENT

(1.) By this Appeal filed under Sec. 100 of the Civil Procedure Code, 1908, the appellant-plaintiff has impugned the judgment and order dtd. 11/11/2008 passed by learned District Judge-1, Wardha thereby dismissing Regular Civil Appeal No. 136 of 2004 filed by appellant-plaintiff. By dismissing the said Appeal the learned first Appellate Court has affirmed and confirmed the judgment and decree passed in Regular Civil Suit No. 1 of 1997 by Civil Judge, Junior Division, Ashti on 21/8/2004 whereby the Suit of appellantplaintiff was dismissed.

(2.) The parties in the judgment are described as per their original status in the proceedings before the learned trial Judge.

(3.) The relevant facts for the purpose of deciding this Appeal are as under: