2024:BHC-NAG:3321 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO . 295 OF 2 018 Shri. Gangadhar S/o Wamanrao Patil, Aged about 65 years, Occu.: Business R/o Shriniwas Colony, Wardha, Tah. & Dist.

Wardha.

.... APPELLANT // V E R S U S //

1. Shri Ravishankar S/o Beniprasad Dhelia, Aged: 25 yrs., Occu: student.

2. Smt. Rukhaminidevi W/o Beniprasad Dhelia, Both residents of Govindpur Road, Gondia, tah. & Dist. Gondia.

3. Arti W/o Manishkumar Goyal, Aged :35 years, Occu- Housewife, 4. Bharti D/o Beniprasad Dhelia, Aged : 35 years, Occu- Housewife, 5. Mahavir S/o Beniprasad Dhelia, Aged: 24 years, Occu- Housewife, All residents of Govindpur Road, Gondia, tah. & Dist. Gondia.

6. Beniprasad S/o Amolakchand Dhelia, (DEAD) Aged : 59 years, Occu- Business, Shriniwas Colony, Wardha, Tah. & Dist. Wardha. ... RESPONDENTS LR’s being 1, 2 & 4, 5 are already on record.

WITH CROSS OBJECTION NO. 85 OF 2019

1 Shri Ravishankar S/o Beniprasad Dhelia, Aged: 31 yrs., Occu: student.

2 Smt. Rukhaminidevi W/o Beniprasad Dhelia, Aged about 64 Years, Both R/o. Govindpur Road, Gondia.

CROSS OBJECTORS // V E R S U S //

1. Shri. Gangadhar S/o Wamanrao Patil, Aged about 65 years, Occupation: Business R/o Shriniwas Colony, Wardha, Tah. & Dist. Wardha.

2. Arti W/o Manishkumar Goyal, Aged :42 years, Occu- Housewife, 3. Bharti D/o Beniprasad Dhelia, Aged : 40 years, Occu- Housewife, 4. Mahavir S/o Beniprasad Dhelia, Aged: 29 years, All R/o. Govindpur Road, Gondia, Tah. & Dist. Gondia.

5. Beniprasad S/o Amolakchand Dhelia, Dead. Deleted ...RESPONDENTS -----------------------------------------------------------------------------------------------

Mr S. D. Deoras, Advocate for the appellant in SA No.295 of2018 and for respondent No.1in XOB No. 85 of 2019 Mr (Dr). R. I. Agrawal, Advocate for respondent Nos. 1 and 2 in SA No.295 of2018 and for appellants in XOB No. 85 of 2019 Mr Sunil S. Chauhan, Advocate for the respondent Nos. 3 to 5 in SA No.295 of 2018 and for respondent Nos. 2 to 4 in XOB No. 85 of

2019 -----------------------------------------------------------------------------------------------

CORAM : G. A. SANAP, J.

DATE : 07/03/2024 O R A L J U D G M E N T :

1 Heard finally with the consent of learned Advocates for the respective parties.

2 The appeal and cross objection arise out of the judgment and decree dated 29.03.2016 passed by the Principal District Judge, Wardha and therefore the same are being disposed of by common judgment. In this appeal, the appellant, who was the original defendant No. 5, has challenged the judgment and decree dated 29.03.2016, whereby the learned Principal District Judge, Wardha allowed the appeal filed by the original plaintiffs/respondent Nos.1 and 2 and partly decreed the suit filed by the plaintiffs/respondent Nos.1 & 2. The appellant, in this appeal, is defendant No. 5 in the suit. Respondent Nos. 1 and 2 are the original plaintiffs. Respondent No.3 is the original defendant No.1. Respondent No. 4 is the original defendant No. 2. Respondent No. 5 is the original defendant No. 3. Respondent Nos. 1 and 2 filed the suit for partition and separate possession of the suit properties described in the schedule appended to the plaint. Respondent Nos.1 and 2 contested the suit in respect of two properties, namely plot bearing Nos. 26 and 27, with a double story house constructed thereon (hereinafter referred to as ‘the suit property’). Respondent No.2 is the wife of the deceased Beniprasad. Beniprasad was given in adoption to Amolakchand on 21.12.1967. Respondent No. 1 is the son of respondent No. 2 and Beniprasad. Respondents stated that Beniprasad, after his marriage with respondent No.1, was addicted to bad vices like consumption of liquor, gambling etc. He, therefore, started selling his properties. According to respondent Nos. 1 and 2, after the sale of one property to Munshi Traders, the suit property was purchased on 28.05.1999 in the joint names of respondent No.2 and Beniprasad from Smt. Vijaya Rajan Vyawha