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1982 Supreme(Bom) 324

B.A.MASODKAR
Laxmibai Nagappa Matiwadar & others – Appellant
Versus
Limbabai Nagappa Matiwadar – Respondent


JUDGMENT - B.A. MASODKAR, J.:---For the purpose of the present appeal that arises out of a suit filed by the respondent for possession of three plots relying on her right to succeed to the interest of her husband Nagappa, few facts as found, are not in dispute. It was held by the first Appeal Court that Nagappa got the suit property, that is, Plot No. 228, by inheritance from his mother Nagwada, but the Appeal Court dismissed the suit with regard to the other plots, being Plots Nos. 230 and 231. There is no cross-appeal with regard to those plots. The first appeal Court's judgment decreed the suit of Limbabai with regard to the said Plot No. 228, holding that the present appellants would not have any right or interest therein because appellant No. 1 Laxmibai's marriage with Nagappa was void. That marriage took place on May 24, 1955. The other appellants were born thereafter. It has been found that plaintiff Limbabai was married to Nagappa according to Hindu rites and was alive on that date. Applying the provisions of the Bombay Prevention of Hindu Bigamous Act, 1946, the first Appeal Court held that Hiralal and Ambubai, the son and the daughter born from Laximibai to Nagappa, beca













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