JUDGMENT - MASODKAR B.A., J.: - This is the original plaintiffs appeal that questions the concurrent judgments rendered by the Courts below in the suit initiated by them for the purpose of recovering property on the basis that upon the death of one Bhau Anna Patil on August 13, 1958, the plaintiffs inherited the same As the nearest heirs of the deceased. This entitlement was based on some undisputed facts and upon certain disputed controversy.

2. The claim to the nearest heirship to the deceased Bhau Anna Patil was based on the following genealogy.

Savanta

(Appa died in 1912) Laxman Ramgonda

Kausabai

Bhimgonda Ramgonda (pltff. 1) (Pltff. 2) Bhau Nemgonda (Adoption on (Died issueless). 26-6-1912)

(Died on

13-8-1958).

Babgonda

(Deft. 1)

The plaintiffs set up the claim that they are the only sons in the family claiming through Laxman and, upon the death of Bhau, would be entitled to inherit all the estate of Bhau. They sought to exclude defendent No. 1 Babgonda from the family on the basis that Babgonda was born prior to the date of adoption, that is, prior to June 26, 1912 and, therefore, Babgonda would not be entitled to succeed to

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