BALAVANT RAO Vs. GEETA W/O PRAVEEN DESHPANDE

JUDGEMENT

(1.) R.S.A. No. 7528/2010 is filed by defendant No. 1 in O.S. No.88/1997, while R.S.A. No.7460/2010 is filed by the daughters of defendant No. 1 who are arrayed as legal representatives of defendant No. 2, wife of defendant No. 1 in the said suit. As these appeals arise out of judgment and decree passed in R.A. No.39/2006, dated 13.09.2010 by the Prl. District Judge at Bijapur by which, the judgment and decree of the I Addl. Civil Judge (Sr. Dn.), Bijapur, in O.S. No.88/1997, dated 01.06.2006 has been confirmed, they have been clubbed and heard together for admission.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) The plaintiffs are the widow and children of Praveen Deshpande, who died in the year 1991. Defendant Nos. 1 and 2 are his parents, while defendant Nos. 3 to 5 are his brothers. The plaintiffs filed the suit seeking the relief of partition and separate possession of their one-sixth share in the suit properties. According to them, the original propositus of the family was Vasudev Rao Deshpande, who died leaving behind his widow and two children, one of whom is defendant No. 1 in the suit. Defendant No. 2 is the wife of defendant No. 1, who died during the pendency of the suit. Her legal heirs were brought on record as defendant No. 2(a) to 2(d) apart from plaintiffs, defendant Nos. 1 and 3 to 5, who are already on record. The suit properties are lands bearing Sy.No.122/A measuring 12 acres 18 guntas; Sy.No.122/B measuring 13 acres 1 gunta; Sy.No.124/A measuring 12 acres; Sy.No.124/2 measuring 13 acres 35 guntas and Sy.No.133 measuring 9 acres 9 guntas and a house situated at Takali Village which, according to the plaintiffs are ancestral properties of plaintiffs and defendants.