JUDGMENT :

M G Giratkar, J.

The Second Appeal was admitted on 9th April, 2007 on the following Substantial Question of Law :-

"When the finding of adoption of the plaintiff being given as son and taken by Fakira be held proved in absence of proof of essential ingredients of adoption?"

2. Present Second Appeal is against the concurrent judgments of both the Courts below.

The facts giving rise to this appeal can be summarized as under:-

3. The Appellant fled Regular Civil Suit No. 43 of 1982 before learned Civil Judge, Junior Division, Hinganghat. The said suit was fled for partition and separate possession of the property described in the plaint. The respondents-defendants appeared and fled their Written Statements. Issues were framed. Both parties adduced their respective evidence. Learned Civil Judge [Junior Division] dismissed the suit, holding that the appellant-plaintiff is the adopted son of Fakira Mude and, therefore, he cannot claim interest in the property left by his real father, Mahadeo. Mahadeo and Fakira were real brothers. Mahadeo had three sons, i.e., appellant and defendant nos. 1 and 2. As per the defence of the respondents, plaintiff was given in adoption to Fakira. Faki