SHIDAGOUDA BAPUSAHEB KHANAGOUDA DESAI Vs. BALASAHEB SHIDAGOUDA DESAI

JUDGEMENT

(1.) Respondents filed a suit against the appellants for partition and delivery to them of a half share in the suit properties. The appellants resisted the claim by contending that the property was a Desai Vathan go erned by the custom of impartibility and descent by primogeniture. The suit was, however, decreed as prayed. Against the decree the appellants preferred First Appeal 89 of 1955 to the High Court of Bombay. During the pendency of the said appeal, the appellants made an application for stay of execution of the decree and respondents an application for payment of maintenance to them. The stay application was rejected. The application for maintenance was ordered.

(2.) The respondents in execution of the decree of the trial court, obtained possession of half share of the suit properties. Pursuant to the order of the Bombay High Court they also recoveied a sum of Rs. 1,129-6-0.

(3.) The first appeal stood transferred to this Court in consequence of the Re-organisation of states and renumbered as R.A.B. 194 of 1956. The appeal was disposed ol on January 9,1962 by an order setting aside the decree of the trial court ana remanding tne suit for fresh trial witn liberty to parties to file additional pleadings and also to adduce lurtner evidence.