PANDURANG Vs. CHANDRABHAGA

JUDGEMENT

(1.) Heard Mr. Dhiraj R. Bhoyar, learned Counsel for the Appellant and Mr. Rohit Joshi a/w Mr. S. J. Kadu, learned Counsel for the Respondent Nos. 1 to 8. By consent of both the parties, matter is taken up for final hearing at the admission stage.

(2.) The Appellant was original Plaintiff. The father of the Plaintiff was original Defendant. Pending suit, he expired. His legal representatives i.e. wife and children were brought on record. The parties will be hereinafter referred to by their original nomenclature.

(3.) The Plaintiff - son filed a suit against the Defendant - father (since deceased) for partition and separate possession of the agricultural lands. According to the Plaintiff, three agricultural lands are the suit properties. One was admeasuring 2 H. 12 R. situated at Nandra, Tahsil Hinganghat, District Wardha. According to the Plaintiff, this was the ancestral property and was fallen to the share of his father (original Defendant). The father had sold some land and from the sale proceeds he has purchased the land bearing Survey No.35, admeasuring 1 H. 08 R. and the land bearing Survey No.2, admeasuring 3 H. 14 R. situated at village Khekdi, Tahsil Hinganghat, District Wardha. It was further the case of the Plaintiff that the house and an open plot in the same village was the ancestral property of the Defendant - father. The Plaintiff claimed equal share in all the immovable properties. Accordingly, the suit for partition and separate possession was filed.