DARUBAI Vs. KAMALABAI

JUDGEMENT

(1.) Leave Granted.

(2.) The original-defendant is the appellant herein and challenges the final judgment and order dtd. 31/3/2022 [ Second Appeal No. 1648 of 2005 ] passed by the High Court of Judicature at Bombay, Aurangabad Bench, which overturned the judgment in First Appeal [Regular Civil Appeal No. 234 of 1995] passed by the IInd Additional District Judge, Nanded, dtd. 9/3/1999 which was in turn directed against the judgment in the suit for partition and separate possession [Regular Civil Suit No. 23 of 1972] in which the present respondent was the fourth plaintiff. The suit was decreed in terms of judgment dtd. 20/10/1995.

(3.) The four plaintiffs including the present respondent had filed suit for partition and separate possession claiming to be 4/5th owners of the property of late Dajiba, being the successors-in-interest as his daughters along with Darubai, who is the wife of Dajiba. In other words, this dispute which has been ongoing for more than half-acentury is a dispute between a step-mother and daughters. The suit property is "land and two houses located at village Sapti bearing No. 42/B area 2 Acres 23 Gunthas. Bearing No. 83/B Area 0.20 Gunthas, iii) Survey No. 146/C Area 2 Acres and 10, iv) Survey No. 43/C Area 2 Acres 6 Gunthas, Houses: and two tiled houses out of which one of the house of bounded by East-Road, West-House of Sakharam, North-House of Baba, and South-House of Yadav, ii) which is bounded as, East House of Sakharam, West-Road, North- Road and South-House of Baba ".