1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.774 OF 2009 WITH CIVIL APPLICATION NO.968 OF 2009 Shri Damru Bahadur Maniraj Puri & Others. .. Appellants V/s. Shri Navraj Damru Bahadur Puri & Others. .. Respondents. Shri S.S. Patwardhan, for Appellant None for the Respondent present. CORAM: R.S.MOHITE, J. DATED: 11th AUGUST, 2009. P.C.: This appeal is filed by the Original Defendant Nos. 1 to 3 against the order passed below exhibit 29 in the Plaintiff s suit. Plaintiff is real brother of Defendant Nos.2 and 4. The suit is filed for partition and separate possession over the suit property. It is a case of Plaintiff that he is also residing in the suit premises, since, he is having 1/4th undivided share in the said suit property. It is contended by the Defendant that the Srj 2 Plaintiff is residing in the adjoining plot no.1. It is seen that there are no averments to this effect in the reply filed on behalf of the Defendant. There are several documents such as ration card, tax receipts, etc., which are mentioned in the Plaint. These are annexed to the Appeal Memo. A.O., therefore, stands dismissed. Civil Application is also dismissed. (R.S.MOHITE, J.) Srj