SUNDERABAI Vs. DEVAJI SHANKAR DESHPANDE

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Bombay confirming the decree passed in favour of the plaintiff by the Civil Judge, Senior Division of Belgaum.

(2.) One Devarao had a son by name Shankar born to him by his wife Rangubai who died in about 1898). Shankar died in about 1902 leaving him surviving his widow Gangabai. Davarao died in the year 1904 leaving him surviving his widow Sunderabi, the defendant I. Devarao was the sole surviving co-parcener of the family and after his death the Defendant I and Gangabai the widow of his pre-deceased son Shankar were the only two members of the family surviving. Gangabai adopted Devaji the plaintiff as a son to her deceased husband Shankar on or about the 18th February, 1934, and disputes arose between Gangabai and the plaitniff on the one hand and the Defendant I on the other in regard to the validity of the adoption of the Plaintiff.

(3.) An application was made in the Court of the First Class Subordinate Judge at Belgaum which was registered as Suit No. 291 of 1937, to obtain a decree in terms of the award and the plaintiff having admitted the termsof the compromise and the award and the receipt of Rs. 8,000 the Court made a decree accordingly on the 6th August,1937. The Defendant I continued to pay to Gangabai maintenance in accordance with the decree passed in her favour by the Subordinate Judge's Court at Gokak and this position of affairs continued right up to December, 1943.