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2009 Supreme(Bom) 1265

J.H.BHATIA
Shahaji Kisan Asme – Appellant
Versus
Sitaram Kondi Asme since deceased by his heirs – Respondent


Advocates Appeared:
Mr. G.S.Godbole, Advocate, a/w Ms. Manjiri Parasnis, advocate, for the appellants. Mr.Dilip Bodake, Advocate, for respondent Nos.2, 3, 4b & 5.

Judgment

Second Appeal is filed by the original plaintiffs being aggrieved by refusal of shares to them in the property of their grandparents.

2.Before dealing with the question of law raised in this Appeal, it will be useful to state the facts in brief. Defendant No.1 - Sitaram had two sons, namely, Kisan and defendant No.2 - Ramchandra. Defendant Nos.4, 5 and 6 are the daughters of Sitaram. His son Kisan died in 1968, leaving behind his first wife Bhagirathibai, who is defendant No.7, second wife Vimal, who is plaintiff No.4 and three sons, who are plaintiff Nos.1 to 3 and a daughter, who is defendant No.3. They are children from his second wife Vimal. The plaintiffs i.e. the sons and the second wife of Kisan, filed Regular Civil Suit No.215 of 1978 seeking partition and separate possession of the joint family property. According to them, defendant no.2 Ramchandra was given in adoption to one Gangaram Pawar and, therefore, he did not have any right, title or interest in the suit properties which are ancestral and join family properties in the hands of Sitaram and other members of the joint family. The defendant No.2, who is the main contesting defendant, denied that he was given
















































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