K.M. Joseph, J. - (1.) Civil appeals by special leave are directed against the judgment of the High Court of Bombay at Goa in Second Appeals Nos. 16 of 2004 and 17 of 2004. The appellants are the plaintiffs. By the impugned judgment, the High Court has dismissed the appeals. The trial Court in fact had partly decreed the suit. However, the First Appellate Court reversed the judgment of the trial Court and dismissed the suit. By the impugned judgment, the High Court affirmed the decision of the First Appellate Court.
(2.) We may refer to following genealogy chart, which will facilitate better understanding of the issues involved:
(3.) As can be noticed, the litigation concerns the properties of the Navelkar family. Parties are referred to with reference to the position in the trial Court. Venctexa Suria Porobo Navelkar was married to one Padmavati. They had one son by name Ramchandra Porobo and a daughter by name Piru. Ramchandra in turn had two sons, namely, Suriaji and Gones. The plaintiffs no. 1 and 3 are sons of Gones. The 2nd plaintiff is the wife of the first plaintiff and the 4th plaintiff is the wife of the 3rd plaintiff. Defendants no. 1 and 3 are the sons of Suriaji. Defendant no. 2 is the wife of 1 st defendant. Defendant no. 4 is the wife of 3rd defendant. Defendant no. 5 is the sister of the defendants no. 1 and 3. Defendant nos. 7 to 27 are drawn from the other branch of the Navelkar family. As noticed from the genealogy chart Venctexa Navelkar's brother was Vitol Porobo. The wife of Vitol Porobo was Laxmi. They had four sons. Defendants no. 7 to 27 represent the branch of late Vitol. Defendant no. 28 is the sister of plaintiff nos. 1 and 3 and 29th defendant is her husband.;