Smt.Parubai Bhau Mali And Others v. Shri Bapu Mahadeo Mali And Others

S.A. 303-90.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL No. 303 OF 1990 Bhau Mahadeo Mali (since deceased, through LRs) ...

Appellant Vs.

Bapu Mahadeo Mali (since deceased, through LRs) & Ors.

...

Respondents *** Mr. M. L. Patil, for the Appellant.

Mr. Vishwajit S. Kapse a/w P. G. Kathane, for Respondent No. 1. Mr. Rupesh R. Lanjekar, for Respondent No. 3. *** CORAM : A. M. DHAVALE, J.

Reserved for judgment on : AUGUST 30, 2018 Judgment pronounced on : OCTOBER 12, 2018 PC :

.

For the reasons separately recorded in the judgment, following order is passed.

ORDER

(i) The Second appeal is allowed.

(ii) The impugned judgment and decree of the first 1 / 2

S.A. 303-90.doc appellate court is hereby set aside and the judgment and decree of the trial court is restored.

(iii) The Respondents shall bear costs of this appeal of the appellants.

Sd/- [ A. M. DHAVALE, J.] Vinayak Halemath 2 / 2