KALINDI DAMODAR GARDE Vs. MANOHAR LAXMAN KULKARNI

JUDGEMENT

(1.) The present appeals arise out of an order passed by the learned Single Bench of the High Court of Judicature at Bombay on 11 th December, 2006 deciding writ petition disputing the orders passed by the Revenue Authorities excluding the names of the sons of Laxman natural born son of Pandurang, on the ground that they have no right, title or interest in relation to suit property as they were born prior to the date of adoption of Laxman. The first appeal filed by the natural daughter of Laxman was dismissed along with the writ petition holding that the sons born to Laxman prior to adoption are the heirs of Laxman and are entitled to his estate along with the daughter born to Laxman after his adoption.

(2.) The facts are that Laxman was given in adoption to Saraswati on 2nd November, 1935. Laxman had three sons Gangadhar aged 4 years 5 months; Dattatraya aged 2 years 5 months and Manohar aged 9 months at the time of his adoption. After adoption, Laxman and his wife Padmavati joined the family of Saraswati along with their 3 sons. It was in the year 1938, daughter Kalindi was born to Laxman and Padmavati. The natural father of Laxman, Pandurang effected partition in respect of his joint family property on 30 th December, 1948 wherein Laxman was excluded from any share as he had gone in adoption to Saraswati.

(3.) Laxman died on 10th January, 1987. Saraswati had predeceased Laxman. After the death of Saraswati, Laxman inherited the property of Saraswati which is the subject matter of the present appeals. After the death of Laxman, his daughter Kalindi applied for effecting the change in the village revenue record for inclusion of her mother Padmavati and herself as owners. The mutation was entered on 11th March, 1987. The matter was taken at various stages thereafter. The revision filed by Manohar, son of Laxman, was dismissed on 8th September, 1992. Aggrieved, Manohar had filed the writ petition.