KASABAI TUKARAM KARVAR Vs. NIVRUTI (DEAD)

JUDGEMENT

(1.) By the impugned judgment, the High Court has allowed the Second Appeal No.299 of 2000 filed by defendant No.1. The Second Appeal arose out of R.C.S No.91 of 1986 filed by the first appellant (Kasabai since deceased). The said Suit was filed seeking partition of the plaint schedule properties. The genealogy of the parties is admitted and is as follows:-

(2.) The first appellant (Kasabai since deceased) was the plaintiff. Nivrutti, in other words is the adopted son and referred to as the first defendant. The father of the plaintiff and the first defendant and other family members passed away on 16/3/1948. We have already noticed that the father had married on three occasions. The first marriage did not produce any issues. The second marriage produced defendant Nos. 4 to 6 in the present suit. The third marriage entered by the father with Bhagubai (third wife) produced one issue, namely, Kasabai. The plaintiff was born, in fact, after 10 days of passing away of her father. It is again not in dispute that the first defendant was adopted by the widow on 17/11/1949 by a registered deed. There is also no dispute that the adopted son instituted a suit claiming right over the plaint schedule properties impleading defendant Nos.4 to 6. Defendant Nos. 4 to 6 are step sisters born to the second wife (Dhondabai) and their father Kushaba. The said suit was decreed. In the appeal, there was a compromise. On the strength of the said compromise, the step sisters instituted a suit - R.C.S. No. 53 of 1984. The said suit has been decreed finally as we can notice by the dismissal of the Second Appeal No.233 of 2000, as can be discerned from the common judgment which is the impugned judgment in this case also.

(3.) The present civil appeal arises, however, from the common judgment by which the High Court has allowed the Second Appeal No.299 of 2000. The Second Appeal No.299 of 2000 arises from the suit for partition which we have noticed was filed by the plaintiff. As far as the lis between the step-sisters (defendant Nos. 4 to 6) and the plaintiff is concerned, it has been given a quietus by the common judgment.