YAMUNABAI PURUSHOTTAM DEOGIRIKAR Vs. MATHURABAI NILKANTH CHOUDHARI

JUDGEMENT

(1.) Challenge in this appeal is to judgement and order rendered by 3rd Additional District Judge, Ahmednagar, in Regular Civil Appeal No. 350 of 1985 whereby and whereunder judgement of dismissal of suit (R.C.S. No. 270/1978) by the Civil Judge (J.D.), Newasa, came to be reversed. The trial Court decreed the suit whereas the first Appellate Court dismissed the same.

(2.) The litigation has a chequered history. The parties litigated in various proceedings and some of the suits and proceedings are still pending. The initial disputes sparked off in the early months of 1968.

(3.) The following pedigree table is uncontroverted. <p>Sitabai = Govind Appacharya Deogirikar = Yamunabai (Ist wife) (Died on 1541966) (IInd wife) | (Adoptive mother) | (Died on 611963) | | -------------------------- | | Ramchandra Purushottam = Yamunabai (Died in 1917) (Adopted on 841940 (wife of | (Died on 121976) Purushottam) | | (plaintiff No. 1) | | | | | ------------------------------ Mathurabai = Nilkanth | | | (Deft. No. 1) (Deft. No. 2) Chandrakant Sulbha Prakash (Wife of (Pltf. No. 2) (Pltf. No. 3) (Pltf. No. 4) Deft. No. 2)