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2009 Supreme(Bom) 17

V.R.KINGAONKAR
Nivrutti s/o Kushaba Binnar – Appellant
Versus
Sakhubai w/o Keru Jorvar, (Since deceased,by her L. Rs. ) – Respondent


Advocates Appeared: For the Appellant :V.J. Dixit, Senior Counsel, Advocate. For the Respondents:S.T. Shelke, Advocate.

Judgment :

1. Both these appeals are being disposed of together in as much as some of the questions of facts and law involved therein are of identical nature.

2. Challenge in these appeals is to judgment rendered by learned Additional District Judge, in an appeal bearing R.C.A. No. 384/1988 and appeal bearing R.C.A. No. 540/1988 whereby and whereunder judgments rendered in suits (R.C.S. No. 53/1984 and R.C.S. No. 91/1986, respectively) of the trial Court was confirmed.

3. There is no dispute about following pedigree table.

Kushaba (Died in 1948)

¦

¦ ¦ ¦

Taibai Dhondabai Bhagubai

(Ist wife) (IInd wife) (IIIrd wife)

(Died issueless)

¦ ¦ ¦ ¦ ¦ ¦ ¦

Sakhubai Thakubai Muktabai Kasabai Nivrutti

(Daughter) (Daughter) (Daughter)(Daughter)(adopted

son)

Said Kushaba died on 16th March, 1948. He had no male issue from either of the three (3) wives. Out of the three (3) wives left by him, Taibai, who was the senior widow amongst them, died issuelss. One of the widows, namely, Bhagubai adopted Nivrutti (appellant) on 17th November, 1949 as per custom and tenets of Hindu religion. She executed a registered Adoption Deed dated 18th November, 1949 in respect of such adoption of Nivrutti. There is no













































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