PANDURANG SHANKAR SHIVANKAR Vs. MUKTABAI

JUDGEMENT

(1.) The appeal is filed against the judgment and decree of Regular Civil Appeal No.2 of 2007 which was pending in the Court of the District Judge-1, Basmatnagar, Hingoli. Present respondent No.1 had filed Regular Civil suit No.135 of 1995 in the Court of the Civil Judge, Senior Division, Basmatnagar for relief of partition and declaration in respect of immovable property and the suit is decided in favour of the respondent No.1. This decision is confirmed against the present appellant / defendant by the First Appellate Court. Both the sides are heard.

(2.) The suit was filed in respect of land Survey Nos.425 and 428 situated at Girgaon. The total area of these two lands is around 2.12 hectares. Defendant Nos.1 and 2 are the sisters of the plaintiff.

(3.) It is the case of the plaintiff that the suit properties were owned by father of the plaintiff and defendant Nos.1 and 2 namely Shankarrao and it was his ancestral property. It is contended that Shankarrao died on 10-2-1995 and after his death plaintiff and defendant Nos.1 and 2 became owner of these properties and each of them has equal share in this property. It is contended that after death of Shankarrao there was possession of the plaintiff and defendant Nos.1 and 2 over the suit property.