Vijay vs Appasaheb Desai - 2023 Supreme(Kar) 1303

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1303

ANANT RAMANATH HEGDE
Vijay – Appellant
Versus
Appasaheb Desai – Respondent

Advocates Appeared:
For the Appellant :Sri. S.S. Patil and Sri. Mahantesh R. Patil, Advocates
For the Respondent:Sri. Deepak Maganur, Advocate for Sri. Chandrashekhar P. Patil, Advocate, Sri. P.N. Hosamane, Advocate

JUDGMENT :

Mr. Anant Ramanath Hegde, J. - This appeal is filed by the unsuccessful plaintiffs in O.S.No.88/2005 on the file of the Civil Judge (Sr.Dn.), Bilagi (for short, the 'Trial Court'). The said suit was for partition and separate possession. The genealogy of the parties is as under:

2. One Vyasappa Desai was the propositus. He had two sons Sangappa and Mallappa. Both Sangappa and Mallappa are dead. Mallappa died in the year 1917, this is a relevant year. Mallappa was survived by his wife Bhagirathi. In the year 1937 Bhagirathi took Gurusangappa in adoption. Said Gurusangappa is the plaintiff No.1. Gurusangappa had two wives Tangevva/plaintiff No.1A and Kamalavva/Plaintiff No.6. The children of second wife Kamalavva are plaintiffs No.2, 3, 4 and 5. Plaintiff No.1A is first wife and plaintiff No.1B is daughter. After the demise of Gurusangappa during the pendency of the suit, his first wife Tangevva/plaintiff No.1A and daughter Bhagirathi/plaintiff No.1B came on record. The suit is filed against Appasaheb who is the adopted son of Bhimrao and Bhimrao is the son of Sangappa. The suit for partition is filed on the premise that the property inherited by Mallappa from his father Vya

Click Here to Read the rest of this document