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2017 Supreme(Bom) 78

S.C.GUPTE
Vithal Bapu Mane – Appellant
Versus
Balasaheb Sidhu Masal – Respondent


Advocates Appeared:
For the Appellant : Ms. A.R.S. Baxi, Mr. Nitesh Zimur.
For the Respondent: Mr. T.S. Ingale, Mr. Nikhil Pawar.

JUDGMENT :

Heard learned Counsel for the parties.

2. This second appeal was admitted on a substantial question of law relating to the character of joint family property in the hands of a sole surviving coparcener and the legal effect of adoption by such sole surviving coparcener.

3. The Appellant is the original Defendant No.2 in a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs). The suit was for partition and separate possession of the property described in the plaint, being agricultural land Gat No.157 situated in Village Kognoli, Taluka Kavathe Mahankal, District Sangli and Gat No.22 situated in Village Sarati, Talukar Kavathe Mahankal, District Sangli together with a house (“the suit property”). The Appellant claimed this property through a sale deed executed in his favour by Respondent No.4 (original Defendant No.1). Respondent No.4 is the father of Respondent Nos.1 and 2 herein and the husband of Respondent No.3. It was the case of Respondent No.1 to 3 before the Trial Court that the suit property was a joint family property of Respondent Nos.1 to 4; that the sale deed executed by Respondent No.4 in favour of the Appellant was not binding on Respondent No








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