RAVINDRA Vs. UDEBHAN

JUDGEMENT

(1.) The respondent/plaintiff had preferred a suit for declaration that he is adopted son of deceased Shankarrao and his wife Biranbai and for permanent injunction restraining the respondent no.2 from taking entry of name of appellant/defendant no.1 in Nagar Parishad record and restraining the respondent no.1/ defendant from interfering in the possession of plaintiff over the suit house. The said suit was dismissed vide judgment and decree dated 18.03.2003 passed by Joint Civil Judge, Senior Division, Gondia. In appeal, the Additional District Judge, Gondia reversed the said judgment and order vide judgment and decree dated 04.08.2004. The same is under challenged in this appeal.

(2.) It is the case of respondent no.1/plaintiff that Shankarrao Khandekar was his uncle and Biranbai was the wife of Shankarrao and both had adopted the plaintiff as son. According to the plaintiff, adoption ceremony took place during his childhood. It is the further case of plaintiff that he became owner of the suit property acquired by Shankarrao after the death of Shankarrao and Biranbai. Therefore he tried to mutate his name in the record of respondent no.2 Municipal Council, Gondia, however, the defendant no.1/appellant obstructed the said process and therefore the suit for declaration and permanent injunction was filed by plaintiff vide Regular Civil Suit No.3/2000 which came to be dismissed vide judgment and decree dated 19th March, 2003 passed by Joint Civil Judge, Senior Division, Gondia. The said judgment and decree was challenged in Regular Civil Appeal No. 58 of 2003 which was allowed by the learned Additional District Judge, Gondia by reversing the judgment and decree of the trial Court. Hence, the appellant/defendant no.1 has filed the present appeal.

(3.) While admitting the present appeal, this Court on 22.11.2005 has framed a substantial question of law which reads thus: