SHRI NIVRUTTI PANDURANG NALE vs SHRI UTTAM GANU NALE AND OTHERS

901.13.94 sa.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 13 OF 1994 Nivritti Pandurang Nale Age 44 years, Occupation: Agriculture, Resident of Vidani, Taluka Phaltan, District: Satara .....Appellant Vs. 1. Uttam Ganu Nale Age 42 years 2. Kantilal Ganu Nale Since Decd. Thr. LRS 2A Samita Kantilal Nale 2BYavlesh Kantilal Nale 2C Baye Kantilal Nale All: adult, All R/o At post: Vidani, Taluka: Phaltan, District: Satara .....Respondents Mr. V. S. Talkute Advocate for the Appellant Mr. Ajit Kenjale a/w Mr. Suraj Bansode, Mr. Sohil Gulabani and Mr. Kaustubh Kandpile for the respondents CORAM : GAURI GODSE, J. RESERVED ON : 12th DECEMBER 2024 PRONOUNCED ON: 8th APRIL 2025 JUDGMENT: 1. This appeal is preferred by defendant no. 2 to challenge the 1/32 901.13.94 sa.docx judgment and decree passed by the first Appellate Court allowing the plaintiffs’ appeal. The trial court had dismissed the suit for partition and separate possession. However, in an appeal preferred by the plaintiffs, the suit is decreed against defendant no. 2, thereby declaring that plaintiff nos. 1 to 3 and defendant no. 2 have 1/4 th share each in the suit property. H