2024:BHC-AUG:5301 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.425 OF 1993 WITH CA/123/1994 WITH CA/4065/1993 WITH CA/15336/2015 Smt. Housabai W/o. Sadashiv Javak, Deceased Through L.Rs.

Soluchana W/o. Raosaheb Kharade, Deceased Through L.Rs. (Expired on 24.5.2003)

Pandharinath S/o. Raosaheb Kharade, Deceased Through his L.Rs. (Expired on 11.7.1998)

1. Smt. Ranjana W/o. Pandharinath Kharade, Age-51 Years, Occup - Household, R/o. Ranjangaon, Tal- Parner, District- Ahmednagar.

2. Sow. Smita W/o. Snil Shelar, Age- 28 Years, Occup - Household, R/o. Mahadevnagar, Near Dahireshwar Temple, Dahirgaon, Tal- Haveli, District- Pune-4.

3. Sow. Shewta W/o. Rajendra Jadhav, Age-28 Years, Occup - Household, R/o. Gunawadi, Tal- Baramati, District- Pune.

4. Sow. Snehal W/o. Mahesh Kaalbhor, Age- 25 Years, Occup - Service & Household, R/o. Khopoli, Tal- Khopoli, District- Raigad.

5. Kum. Trupti D/o. Pandharinath Kharade, Age- 22 Years, Occup - Student, R/o. Ranjangaon, Tal- Parner, District- Ahmednagar.

6. Ranjit S/o. Pandharinath Kharade, Age- 21 Years, Occup - Student, R/o. As Above. ...Appellants VERSUS

1. Smt. Bhagirthibai w/o Eknath Javak, Age 46 years, (2)

2. Chandrakant Eknath Javak, Age 28 yrs.

3. Suresh Eknath Javak, Age 22 years, 4. Rajesh Eknath Javak, Age 12 years, minor guardian mother deft.No.1 Bhagirathibai Eknath Javak.

5. Jayashri d/o Eknath Javak, Age 2 years, minor guardian mother deft. No.1 Bhagirthibai Eknath Javak.

6. Sakharam Vithu Javak, Age 60 years, 7. Rajaram Vithu Javak, Age 61 years, 8. Bajirao Vithu Javak, Age 50 years, 9. Rangnath Vithu Javak, Age 51 years, 10. Dinkar Bhagwanta Javak, Age 41 years, 11. Sopan Rambhau Javak, Age 40 years, (Dismissed)

12. Bapu Malhari Javak, Age 46 years, All agriculturists, all resident of Ranjangaon Taluka Parner, Dist. Ahmednagar. ...Respondents ...

Mr. S.S. Jadhavar, Advocate for Appellants.

Mr. B.A. Dhengle, Advocate for the Respondent Nos.2 to 4.

Mr. V.S. Bedre, Advocate for Respondent No.5 (Absent).

...

CORAM : S.G. MEHARE, J.

RESERVED ON : 20.12.2023 PRONOUNCED ON : 12.03.2024 JUDGMENT :-

1. The legal heirs of the legal heir of the original plaintiff, Housabai, are pursuing this second appeal against the judgment and decree of the learned 3^rd Additional District Judge, Ahmednagar, passed in Regular Civil Appeal No.446 of 1987 dated 19.06.1993.

(3)

2. The appellant will be referred to as the 'plaintiff', and the respondents will be referred to as the 'defendants'.

3. The plaintiff's case in brief was that her husband died in 1934, leaving behind her and a daughter. He had landed properties, described in para No. 1 of the plaint (those will be referred to as "the suit lands"). They had no male child. Therefore, on 19.06.1946, she adopted the son of her stepbrother and named him Eknath. She was residing with her adopted son and in joint possession of the suit lands. Her adopted son started harassing her. She turned old. Hence, she went to reside with her daughter for 8 to 10 years. She was treating her with love. Defendant No. 1, in collusion with the revenue officer, got recorded 3 aane and 2 pai shares in her name. She had ½ share in the suit lands. Deceased Eknath sold Gut no. 147 to defendants Nos. 6 to 9 on 25.05.1968 and Gut No. 135 to defendant Nos. 10 to 12 on 30.10.1971. Those sale deeds are not binding on her. The defendants did not give her a share in the income from joint properties. They did not care about her. Gut Nos. 392, 150, and 81 were in possession of the defendants Nos. 1 to 5. She sought partition to the defendant Nos. 1 to 5 in April 1976. They denied. Hence, she filed a suit for partition, separate possession, the share in the income from suit fields for the last three years and a declaration that the sale deeds executed in favour of the defendant Nos. 6 to 12 are not binding on her.

(4)

4. Defendant No.1 resisted the suit for herself and her children. She admitted that the plaintiff's husband owned the suit lands. He died in 1934. However, she