AJABRAO KISANRAO INGOLE Vs. DNYANESHWAR KISHANRAO INGOLE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally since notice of final disposal is served on the respondent.

(2.) The petitioner had instituted civil suit bearing No. 63 of 1997 for partition and a separate possession of the property mentioned in the plaint. The learned judge of the trial court had dismissed the suit. The plaintiff, therefore, preferred an appeal against the said judgment and decree. The appellate court allowed the appeal and set aside the judgment and decree passed by the trial court. He found that the plaintiff has 22/70th share in the suit property. However, the learned judge while delivering the judgment passed final order to the following effect.

(3.) I am taken through the judgment passed by the appellate court. The learned judge of the appellate court has made following observations in paragraph no. 17 of the judgment.