GOKUL MUKUNDRAO KARPE Vs. RATANHARI SAMBHAJI BHATANE

JUDGEMENT

(1.) Challenge in this appeal is to judgement in an appeal (R.C.A. No. 110/1980) rendered by learned Additional District Judge, whereby and where-under judgement and decree passed by trial Court in a suit (R.C.S. No. 133/ 1975) came to be reversed.

(2.) Appellants are real brothers inter se and are original plaintiffs. Deceased respondent No. 1 is the main contesting party and was original defendant No. 6. Respondents No. 2 to 5 are the original defendants No. 2 to 4. Original defendant No. 5 had died during pendency of the suit. The original defendants No. 1 to 5 are the legal representatives of deceased Nivrutti being his sons, daughters and widow. Out of them, original defendant No. 1-Sopan and defendant No. 2-Ramchandra were the real brothers inter se. Admittedly, Sopan was elder amongst them.

(3.) The appellants/plaintiffs filed suit (R.C.S. No. 133/1975) for declaration of ownership in respect of land Survey No. 173, admeasuring 8 acres 3 gunthas and for perpetual injunction. They further sought declaration that sale-deed dated 21st March, 1974 executed by deceased defendant No. 2 Ramchandra in favour of the respondent No. 1 (original defendant No. 6) and a consent decree brought about as between them in suit (R.C.S. No. 189/ 1974) was not binding on their rights.