HUSSAINSAB RAJESAB TASEWALE Vs. KASIMSA RAJESAB TASEWALE

JUDGEMENT

(1.) THIS regular second appeal is filed against the concurrent findings recorded by the courts below.

(2.) THE appellants were arrayed as defendant Nos. 1 to 5 before the court below. The suit for partition was filed by the parties for the properties held and left by Rajesab Tasewale. Plaintiff Nos. 1 and 2 and defendant Nos. 1 to 4 are the sons and daughters of deceased -Rajesab Tasewale. Defendant No. 5 is the wife of deceased -Rajesab Tasewale.

(3.) THE learned trial Judge on consideration of document has held that the document has no legal effect on the rights of parties in relation to properties held and left by deceased -Rajesab Tasewale. Therefore, defendants were before the I -appellate court. It appears defendant No. 5 namely, Madarma W/o Rajesab Tasewale died during the pendency of first appeal. However, the same was not brought to the notice of I -appellate court. The learned Judge of I -appellate court on re appreciation of evidence has confirmed the findings recorded by the trial court.