SHARMILA U. DESHMUKH
Rajaram Appa Patil , Deceased Legal Heirs – Appellant
Versus
Nitin Anandrao Patil – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court affirmed the validity of the earlier partition conducted in 1959, establishing that the properties were divided among the family members at that time (!) (!) .
The decree in RCS No. 61 of 1978 was deemed collusive because essential parties, including the plaintiff Nitin, were not adequately represented, rendering the decree not binding on him (!) (!) (!) .
The evidence, including documentary records such as mutation entries and revenue records, supports the conclusion that the family properties were partitioned in 1959, with clear intent to separate interests, which was corroborated by conduct and subsequent dealings of the parties (!) (!) (!) (!) (!) .
The earlier decree in RCS No. 61 of 1978, which declared a different share for the parties, was obtained by collusion and is not binding on the plaintiff Nitin, who was not a necessary party and was improperly represented (!) (!) (!) (!) .
The claim of Dhondubai, the wife of Rajaram, for a share in the properties was rejected because she had not claimed her rights during the proceedings of RCS No. 61 of 1978 and her rights were barred by finality of that decree (!) (!) (!) .
The legal principles regarding the effect of mutation entries, oral and written agreements, and conduct of the parties were applied to determine that a valid partition occurred in 1959, which severed the joint family status (!) (!) (!) (!) (!) (!) .
The court emphasized that the burden of proof regarding the existence of a partition rests on the party claiming it, and the cumulative evidence must establish the intention to separate (!) (!) (!) .
The appellate court's findings, based on appreciation of evidence, were upheld, and its conclusion that the partition of 1959 was valid and binding was affirmed, with the findings of fact being conclusive unless demonstrably perverse (!) (!) .
The doctrine of promissory estoppel was considered inapplicable to the case, especially in the context of legal provisions governing the rights of family members and the effect of prior decrees (!) .
The court dismissed the appeals, affirming that the earlier partition was valid, and the decree in the earlier suit was collusive and not binding on the plaintiff Nitin, who was not a proper party in the earlier proceedings (!) .
The court extended the interim relief in favor of the appellant for a specified period, maintaining the status quo pending final orders (!) .
These points collectively highlight the court's reasoning in affirming the validity of the 1959 partition, rejecting the collusive decree of 1978, and denying the claim of Dhondubai for a share in the properties.
JUDGMENT
Sharmila U. Deshmukh, J. - Both the Second Appeals arise out of common judgment dated 4th May 2013 passed in Regular Civil Appeal No.21 of 2002 and Regular Civil Appeal No.131 of 2002. Regular Civil Appeal No.21 of 2002 was filed by the Defendant Nos.6 to 15 and Regular Civil Appeal No.131 of 2002 was filed by the Defendant Nos.1 and 3 to 5 challenging the judgment and decree dated 3rd November 2001 passed by Trial Court in Regular Civil Suit No.42 of 1990 decreeing the suit for partition and separate possession. Both appeals were heard together with consent of the parties as they arise out of common judgment and are being disposed of by this common judgment.
FACTUAL MATRIX:
2. For better understanding of the relationship of parties interse the genealogy chart tendered at the time of hearing is reproduced hereunder:

3. Regular Civil Suit No. 42 of 1990 was filed by Nitin i.e son of Anandrao seeking partition and separate possession of the suit properties.
PROCEEDINGS IN TRIAL COURT:
PLAINT:
4. In RCS No.42 of 1990 filed by Nitin seeking partition, initially the daughters of Rajaram were not impleaded and after the death of Rajaram during the pendency of proceedings, the daughters
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