LILABAI Vs. MARUTI RAOJI CHOUDHARI

JUDGEMENT

(1.) Partly unsuccessful plaintiff has put to challenge the judgment and decree dated 30th June, 1983, passed by the Civil Judge, Junior Division, Akole in Regular Civil Suit No.92/1979, who dismissed her suit in its entirety; and the Judgment and decree dated 30th September, 1989 passed by the 4th Additional District Judge, Ahmednagar in Regular Civil Appeal No.257/1983, who did not decree her suit in full. FACTS:

(2.) Lilabai, the plaintiff, filed a suit for declaration and possession in respect of various suit lands, described in detail in Para 1 of the plaint, in the court of Civil Judge, Junior Division, Akole.

(3.) The defendants filed their written statement and raised an objection that the suit was bad for nonjoinder of necessary parties, as the properties stood in the name of some other sharers/persos, who were not joined as parties to the suit. It was further stated by the defendants that the lands were mortgaged to the Land Development Bank (for short, the Bank) but that Bank was also not impleaded as a party to the suit. It is further stated that the other persons/sharers, in whose names the lands stand viz. Mahadu Ranu, Dhondu Khandu, Govind Balaji, Dattatraya Dharma, Jijaba Damu Ranu, Shankar Nawaji, were also not added as parties defendants to the suit.