Ganesh, Yogesh and Varsha are the plaintiffs

who are in appeal against the dismissal of their suit.

The following genealogy is not in dispute.

RAMRAO

Maobai Vamanrao Sridharrao Nagnath Kishore Madhukar

(wife)

(son) (son)

(son) (son) (son)

D6

D2

D3

D1 D4

D5

Narendra Sunil Chandrasekhar

(D7) (D8)

(D9)

Ganesh

Yogesh

Varsha

(son)

(son) (Daughter)

(Plf.1)

(Plf.2)

(Plf.3)

Ganesh and his siblings contended that in

respect of 12 suit properties, 10 of which were situated in

Ghorwadi Village of Humnabad Taluk and one land which

was situate in Warwatii (B) Village of Bhalki Taluk and

another was situated in Dound and three houses all

situated at Ghorwadi Village of Humnabad Talkuk, was

owned by Ramrao Kale grandfather of Ganesh and his

siblings.

- 6 -

It was stated that land bearing Sy.No.149/3

had been purchased by Ramrao in the name of his

grandson Narendra (son of his second son Vamanrao i.e.

defendant No.7). He stated that his grandfather wanted

the family to be joint and therefore during his life time he

did not effect any partition including the three house

properties. It was also stated that even after the death of

Ramrao, all his children were still in joint and no partition

had been effected. It was stated that after the death of

Ramrao, Vamanrao (the second defendant) became the

kartha of the family and continued the joint family and

during his tenure several landed properties had been

purchased out of the joint family income in the name of

different family members of joint family.

It was stated that Vamanrao who was the

kartha of the family had changed his attitude towards the

family members and also changed the distribution of the

income and when enquired with their father Nagnath, he

asked them to keep quite and that he would asked to his

- 7 -

brother. It was stated that the same attitude continued

and on becoming suspicious, they made enquires and

found that the names of different persons including the

names of the sons of Vamanrao and Sridharrao had been

entered in the revenue records and the name of defendant

No.10 – Baburao, who was a stranger had also been

entered. They stated that on being questioned, Vamanrao

was adamant that nobody should question his authority.

They stated that their family was financially sound and

there was no need to sell the property to any portion to

any person and consequently, it was is obvious that the

sale in favour of Baburao (defendant No.10) was not for

any family necessity.

It is stated that thereafter a demand for

partition was made and the same was refused and hence

in respect of the suit properties, totally measuring 50

acres 28 guntas, the suit was filed against their father and

five of his brothers apart from their paternal grandmother

and nephews (sons of Vamanrao, defendants 7 and 8).

- 8 -

The paternal uncles, their grandmother and

their nephews filed a written statement and contested the

suit. They admitted the relationship as stated by Ganesh

and his siblings. They however stated that apart from five

sons, Ram Rao also had two daughters namely Sheshabai

and Sulubai and all of them were still alive. They stated

that Ramrao owned and possessed the following suit

properties:-

Agricultural lands :

i)

Sy.No.89 old, 93 new, measuring 05 acres

30 gutnas,

ii)

Sy.No.90 old, 94 new measuring 02 acres 08

guntas,

iii)

Sy.No.168 old, 169 new measuring 02 acres

10 guntas,

iv)

Sy.No.169 old, 170 new measuring 04 acres

14 guntas,

v)

Sy.No.172 old and new measuring 05 acres

12 guntas.

All situated at village Ghowadi Taluka, Humnabad.

House Properties :-

i)

House property bearing G.P.No.14 of village

Ghodwadi taluka Humnabad,

- 9 -

ii)

House property bearing G.P.No.56 of village

Ghodwadi taluka Humnabad.

They

stated

that

the

above

mentioned

properties were divided amongst the sons of Ramrao

namely Naganath, Sridhar and Madhukar (defendants

No.1, 3