GOVIND S O MANOHAR JADHAV Vs. RUKHMINIBAI W O MANOHAR JADHAV

JUDGEMENT

(1.) THIS is an appeal preferred by original plaintiffs being aggrieved by the dismissal of their original suit bearing Regular civil Suit No. 210 of 2004 decided by learned civil Judge, Senior Division, Nilanga on 29. 06. 2005, as confirmed in Regular Civil appeal No. 65 of 2005 by the District Judge -I, nilanga on 12th September, 2006. The appellant no. 1 and 2 want shares in the property of their father Manohar.

(2.) BRIEFLY stated facts giving rise to this appeal may be stated as below:-Admittedly, Manohar Jadhav married respondent No. 1 Rukminibai. When the said marriage was subsisting, he married appellant no. 3 - Popatbai. Appellant No. 4 - Muktabai is admittedly mother of Manohar. Appellant Nos. 1 and 2 were born to appellant No. 3 from manohar Jadhav. Respondent No. 2 -Sundarabai is the person who purchased some property from respondent No. 1 pending the suit.

(3.) BOTH Courts held that the suit property excluding Survey No. 13 was ancestral property of Manohar and in partition between manohar and his two brothers, the suit property other than Survey No. 13 was allotted to the share of Manohar Jadhav. The partition between manohar and his brothers had taken in the year 1984. Manohar died in 1986. Manohar has no son or daughter from his first wife respondent no. 1-Rukminibai.