AND

DECREE

DATED

20.12.2019

PASSED

IN

R.A.NO.28/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL

JUDGE, KARWAR, DISMISSING THE APPEAL AND CONFIRMING THE

JUDGMENT

AND

DECREE

DTD.02.11.2017,

PASSED

IN

O.S.

NO.73/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, KARWAR,

DECREEING THE SUIT FILED FOR DECLARATION.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

- 3 -

JUDGMENT

Present appeal is by defendant No.1, aggrieved

by

the

judgment

and

order dated

20.12.2019

in

R.A.No.28/2017 passed on the file of the Addl.Senior Civil

Judge, Karwar (hereinafter referred to as ‘the First

Appellate Court’), in and by which the First Appellate Court

while dismissing the appeal has confirmed the judgment

and decree dated 02.11.2017 passed in O.S. No.73/2015

on the file of the Principal Civil Judge, Karwar (hereinafter

referred to as ‘the Trial Court’).

The above suit in O.S.No.73/2015 is filed by the

plaintiffs seeking relief of declaration declaring that the

plaintiffs and defendants No.2 and 3 to be the legal heirs

of late Dattatreya Wagle and late Yamuna w/o Dattatreya

Wagle and to declare that entering the name of defendant

No.1 in the record of rights in respect of the suit

properties is illegal and consequentially to direct the

revenue officials to delete his name and enter the name of

the plaintiffs and defendants No.2 and 3 thereof.

- 4 -

It is the case of the plaintiffs that late

Dattatreya Triyambak Wagle was the propositus of

plaintiffs’ family and his wife was Yamuna. That the

said Dattatreya and Yamuna had three sons namely

Vittal

(deceased),

Maheshwar

(deceased)

and

Maharudra-defendant No.2 and a daughter by name

Nalini-the plaintiff No.3. Deceased-Vithal had two

daughters namely Kala-the defendant No.3 and

Vidya-the plantiff No.1, Maheshwar had a daughter

by name Vineeta Kulkarni-the plaintiff No.2. That the

suit

schedule

property

bearing

Sy.No.1030/5

measuring 10 guntas situated at Baad-II village,

Karwar taluk belonged to said Dattatreya Wagle and

on his demise, the property was succeeded by

plaintiffs and defendants No.2 and 3. That defendant

No.1 is not the member of the family of the plaintiffs

and defendants No.2 and 3. That in collusion with the

Revenue Authorities, the defendant No.1 got his

name mutated in the revenue records. That the

Revenue Authorities without even verifying the claim

- 5 -

of defendant No.1, had mutated his name in the

revenue records illegally and hence the suit.

Defendant

No.1

in

his

written

statement

admitted the genealogy shown by the plaintiffs with regard

to their relationship with Dattatreya who was the

propositus. However, it is contended that neither the

plaintiffs nor the defendants No.2 and 3 were going to

Karwar and taking care of the suit properties. That the

name defendant No.1 was entered in the revenue records

during the year 2002 itself and the plaintiffs being aware

of the same, had not questioned the same and hence the

suit is barred by limitation.

It is further contended that the suit properties

were the joint family properties of the plaintiffs and the

defendants and one Sheshagiri Wagle was the original

propositus of the family, who died leaving behind his son

by name Pondu and said Pondu Shenvi had 7 children out

of which Ramchandra, Triyambak and Sheshagiri were the

3 sons. The father of the plaintiffs by name Dattatreya

- 6 -

was the son of the branch of Triyambak and the father of

defendant No.1 by name Vaman is the son of Sheshagiri.

The branch of Ramachrandra was discontinued and not

traced out. Further he admits that said Dattatreya had

three sons by name Vithal, Maheshwar and Maharudra.

That the plaintiff No.1 and defendant No.3 are the

daughters

of

Vithal,

plaintiff

No.2

is

daughter

of

Maheshwar

and

plaintiff

No.3

is

the

daughter

of

Dattatreya. They were the family members.

6.

It is further contended that the deceased-

Dattatreya and other members of the joint family were all

settled outside Karwar and had left Karwar more than 75-

80 yea