2024:BHC-AUG:3472 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 128 OF 1993

1. Jaibai w/O Rangnath Keskar, Age : 65 Years, Occ. Household, 2. Rajaram S/o Rangnath Keskar, Age : 41 Years, Occ. Agriculture, Both R/o, Village Yelamba Ghat, Taluka and District Beed. ... APPELLANT (Orig. Plaintiffs)

VERSUS

1. Gangubai W/o Bhanudas Sakhare, Died Through L.Rs.

1-A Narayan S/o Bhanudas Sakhare, Age: 45 Years, Occ. Agriculture, 1-B Gorakhnath S/o Bhanudas Sakhare, Age: 35 Years, Occ. Agriculture

1-C Mathurabai W/o Saudegar Kadam, Age: 30 Years, Occ. Household, 1-A to 1-C Resident of Yewata (Sakhare Wasti), Taluka Kaij, District Beed.

2. Shivling S/o Bajirao Keskar, Age : 60 Years, Occ. Agrilcutre, R/o. Jaitalwadi, Tq. U/v Yelamba Ghat, Taluka Kaji, District Beed.

3. Sitaram S/o Bajirao Keskar, Age : 55 Years, Occ. Agriculture

4. Damodhar S/o Bajirao Keskar, Age : 25 Years Occ. Agri, Resident of Jaitalwadi Tq.U/v Yelamba Ghat, Taluka Kaij, District Beed.

5. Gayabai W/o Dashrath Pawar, Age : 48 Years, Occ. Household, R/o. Saswadi Taluka Kaij, District Beed.

6. Annapurna W/o Narayan Sakhare, Age : 40 Years, Occ. Household, R/o. Yewata Taluka Kaij, District Beed.

7. Mankarnabai W/o Suryabhan Dambe, Age: 38 Years, Occ. Household, R/o. Jaitalwadi Taluka Kaij, District Beed.

8. Ramrao S/o Rangnath Kadam Age : 80 Years, Occ. Agri.

R/o. Yelamb Ghat, Taluka and District Beed.

9. Ashruba S/o Khushana Pawar, Age: 60 Years, Occ. Agri.

R/o. Devgaon Taluka Kaij, District Beed. .. RESPONDENTS ( Orig. Defendants)

WITH SECOND APPEAL NO. 205 OF 1993 Gangubai Bhanudas Sakhare died Died Through Lrs., 1-A Narayan S/o Bhanudas Sakhare, Age: 45 Years, Occ. Agriculture, R/o Yewata ( sakhare Vasti)

Tq. Kaij District Beed.

1-B Gorakhnath S/o Bhanudas Sakhare, Age: 35 Years, Occand Resident as above.

1-C Mathurabai W/o Saudagar Kadam Age: 30 Years Occ. Household, R/o. As above

2. Shivling S/o Bajirao Keskar, Age: 46 Years, Occ. Agriculture, R/o. As above. ..APPELLANTS (Orig. Defendants 2 &3)

VERSUS Rajaram Rangnath Keskar, Age: 27 Years, Occ. Agriculture, R/o. Yellamb Ghat District Beed. ..RESPONDENT (Orig. Plaintiff No.2)

....

Mr. D. M. Hang : A/2 in SA 128/1993 and Respondent in SA 205/93 Mr. B. A. Darak : R/1A to 1-C & 2 in SA 128/93 and Appellant in SA 128/1993 ....

CORAM : S. G. MEHARE, J.

Reserved on : 08.12.2023 Pronounced on : 16.02.2024 JUDGMENT:-

1. The original plaintiffs and original defendants No.1 and 2 have impugned the same Judgment and Decree of the learned IIIrd Additional District Judge, Beed, passed in Regular Civil Appeal No. 20 of 1986 dated 5.9.1992.

2. The parties to the appeal would be referred to as per their original status in the suit.

3. The plaintiffs had filed a suit for partition and separate possession. Rangnath was the owner of suit lands. He died on 30/31/03/1961. The plaintiff, No.1 Jaibai, claimed that she married Rangnath and the plaintiff, no.2 Rajaram, was his posthumous son. The defendant, Gangubai, was the daughter of Ranganath. He had another wife, Laxmibai. She was defendant No.1 in the suit. When the suit was filed, she was dead. Hence, her name was deleted from the plaint. After the death of Rangnath, her stepson Bajirao was the Karta of the family. They were the members of the joint family. After the death of Bajirao, the plaintiffs could not pull on with his sons. Hence, they started resing separately. The plaintiffs had claimed a 12/25th share in the suit properties.

4. The contesting defendant denied the plaintiffs' claim that plaintiff Jaibai was the wedded wife and plaintiff No. 2 was the son of Rangnath. They came with a case that the plaintiff was the wife of Waman Eknath r/o Yellamlbghat. She married him in 1965. The plaintiff No.2 was his son. He was not the legitimate son of Ranganath. The plaintiffs were not the legal heirs of Rangnath. Therefore, the suit is bad in law. It has also been averred in the written statement that Jaibai was allegedly married when the first marriage of Rangnath was subsist