SANTOSH POPAT CHAVAN Vs. SULOCHANA RAJIV

JUDGEMENT

(1.) Since these two appeals involve common legal question of importance, they have been taken together for hearing and final disposal with consent of the counsel for the rival parties and in accordance with order dated 15.09.2014 in Second Appeal No. 405/2013.

(2.) Mr. P.N. Joshi, learned counsel was requested to act as Amicus Curiae when order was made on 15.09.2014. Thereafter, on the request from this Court, Mr. Anil V. Anturkar, Mr. Rajiv Patil, Senior Advocates and Mr. C.G. Gavnekar, Advocates also participated in the hearing for assisting this Court.

(3.) The plaintiff-respondent herein, Sulochana wd/o Rajiv @ Raju Chavan filed Regular Civil Suit No. 1773/2006 in the court of Civil Judge Senior Division, Pune for partition, perpetual injunction against the brothers and sister of her deceased husband. Briefly stated, her case was that her husband Rajiv was brother of defendants Santosh, Mohan, Madhukar and their sister Mrs. Nanda and had a share in the suit property being ancestral property. On 28.05.1997, Rajiv @ Raju, husband of the plaintiff, left the house situated at Sarve Nagar, Pune and never returned. She reported the matter to police, who took missing entry no. 116/1997. Despite thorough search, Raju could not be found out. Since more than 10 years had already passed from the date Rajiv went missing, she was entitled to claim share in the undivided suit property and, therefore, she filed suit for partition and separate possession. The plaintiff had also filed Regular Civil Suit No. 1780/2006 for a decree of declaration about the civil death of husband and she got the said declaration on 31.07.2007. Simultaneously, she had also filed the instant suit for partition.