- (1.)This appeal is preferred against final common judgment and order dated 27.4.2005 passed by the High Court of Judicature at Bombay in Second Appeal Nos.65 of 2003 and 85 of 2003, whereby the High Court dismissed both the Second Appeals under a reasoned order.
(2.)Baburao Marutrao Mane and his daughter Lata Baburao Mane filed Civil Suit No.203 of 1987 against the respondent Ramchandra Balasaheb Mane now deceased, for permanent injunction. Ramchandra Balasaheb Mane filed Civil Suit No.73 of 1988 against Baburao Marutrao Mane and others seeking for partition of the suit properties. The trial court by common judgment and decree dated 9.4.1999 dismissed suit No.203 of 1987, which was for grant of permanent injunction and decreed suit No.73 of 1988 which was for partition. Challenging the same Baburao Marutrao Mane and others preferred two civil appeals in Civil Appeal No.161 of 1999 and 162 of 1999 on the file of Additional District Judge, Satara. The Appellate Court dismissed both the appeals. Aggrieved by the same Baburao Marutrao Mane and others preferred two second appeals in Second Appeal Nos.65 of 2003 and 85 of 2003 on the file of the High Court. Both the Second Appeals came to be dismissed pursuant to which Baburao Marutrao Mane and others preferred the present appeal.
(3.)While issuing notice this Court by order dated 29.7.2005 restricted it in the following terms:
"Issue Notice limited to the questions as to the share which Ramchandra had in the property whether the High Court was correct in holding that the adoption of Ramchandra is related back to the date of his father's death."