PRAKAS MANAJI HARPUDE Vs. SHANKAR JANKU HARPUDE

JUDGEMENT

(1.) Civil Application No. 10326 of 1998 is filed by the heirs of original defendant praying that they may be allowed to produce the additional evidence i.e. true certified copy of Gift Deed dated 23.11.1940 and receive the same in the High Court in the Second Appeal.

(2.) In Civil Application No.10325 of 1998, it is prayed that pending the hearing and final disposal of the second appeal the operation and execution of the judgment and order dated 22nd September, 1987 which is impugned in the present Second Appeal be stayed in respect of suit lands bearing C.T.S. No.19/1 admeasuring 36 Ares assessed at Rs.2.15 ps. situated at Lonawala Taluka Wadgaon/Maval, District Pune.

(3.) Civil Suit No.2 of 1975 is filed for partition and possession of the Plaintiff's one half share in the suit properties described in the plaint and also for the future mesne profits. The said suit was decreed on 22nd September, 1987. By the judgment and order of the same date, it was ordered that the plaintiff is entitled to one half share in the suit properties. Partition of the suit land was ordered to be effected through the collector of the district. Against the said judgment and decree, the defendant filed appeal which was dismissed on 7th August, 1990. Being aggrieved by the said dismissal the present appeal is filed.