LAWS(BOM)-2025-3-94

SUNIL ANNA KAKADE Vs. LAXMI BALU KAKADE

Decided On March 03, 2025
Sunil Anna Kakade Appellant
V/S
Laxmi Balu Kakade Respondents

JUDGEMENT

(1.) This Second Appeal is preferred by the original defendants to challenge the judgments and decrees passed by the First Appellate Court granting partition and separate possession to the plaintiffs. Respondents had filed a suit for partition and separate possession, claiming one-fourth share in the suit property. The suit was dismissed. The first appeal preferred by the plaintiffs is allowed, and the suit is decreed granting one-third share to plaintiff no.1, legal heirs of deceased Nana and defendant no. 1 each excluding the land already sold by defendant no. 1 to defendant no. 2 to the extent of 2 anas 4 paise out of suit land bearing Gat No. 70A. Being aggrieved by the decree for partition and separate possession the defendants filed the present Second Appeal. Being aggrieved by the determination of shares and exclusion of the land given to defendant no. 2, plaintiffs have filed cross-objections.

(2.) By order dtd. 22/3/2024, the Second Appeal is admitted on the following substantial questions of law:

(3.) By order dtd. 26/9/2024 following substantial questions of law were framed in the cross objection: