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HIGH COURT OF BOMBAY
SHRIKANT D. KULKARNI, J
Rajesh S/o. Panditrao Pawar – Appellant
Versus
Parwatibai W/o. Bhimrao Bende – Respondent
| Table of Content |
|---|
| 1. dispute over ownership and partial decreeing of shares. (Para 3 , 4) |
| 2. sales by the adopted child deemed invalid. (Para 11 , 30) |
| 3. adoption's impact on property rights clarified. (Para 20 , 22 , 27) |
| 4. final decision on property shares among parties. (Para 26 , 34) |
JUDGMENT :
1. Heard finally at admission stage with consent of both the sides.
2. Unsuccessful original defendant Nos. 2 to 4 have preferred this second appeal against impugned Judgment and decree passed by the District Court in Regular Civil Appeal No. 149/2014 arising out of Judgment and decree passed in Regular Civil Suit No. 192/2009 by the learned 4th Jt. Civil Judge Junior Division, Parbhani.
3. It is necessary to have a glance on few facts in order to throw light on the dispute. The appellants have purchased the suit property from respondent No. 2/adopted son of Kausalyabai (original plaintiff No.1 since deceased) vide three registered sale deeds dated 02.06.1995. The adoptive mother ( Kausalyabai) and sister Parwatibai had filed a suit on 17.08.2019 for declaration of ownership, recovery of possession with further declaration that sale deeds executed by defendant No.1 (adopted son) in favour of the
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