PRAKASH BHARMU CHANDGADE Vs. SOU. SUVARNA SIKANDAR KANE

JUDGEMENT

(1.) Regular First Appeal No. 4177 of 2012 is filed challenging the judgment and decree passed in O.S. No. 88 of 2009 on 23rd July, 2012 by the learned Senior Civil Judge, Chikodi, thereby decreeing the suit filed by plaintiff-respondent herein against her father Satappa Dhulappa Chandagade and six others. The learned Trial Judge has while decreeing the suit filed by plaintiff awarding ?th share in favour of plaintiff in the suit schedule properties has found that, father of 7th defendant by name Bharmu Gidagulle had gone in adoption to 'Gidagale' family and therefore he was not entitled for any share in the family properties and as a result, 7th defendant could not be held entitled to any share. The Trial Judge has, therefore, proceeded to divide the share and allot ?th share in favour of plaintiff by excluding the entitlement of Bharmu Gidagulle.

(2.) It is in this background, the other appeal in RFA No. 4179 of 2012 has been filed by 7th defendant-Prakash. As both the appeals arise out of the common judgment, we have heard them together and both the appeals are disposed of by this common judgment.

(3.) Briefly stated, facts involved are that: