SHANKAR B MANE Vs. BABU G MANE

JUDGEMENT

(1.) Heard the learned Advocates for the parties.

(2.) Regular Civil Suit No.1044 of 2003 was filed by Respondent Nos.1 to 3 in the Court of Learned Civil Judge, Senior Division, Kolhapur for partition and separate possession by claiming that though there was a prior partition of the ancestral properties, the suit properties which were Watan Inam Lands and were, therefore, inpartiable had not been partitioned. Defendant Nos.1 to 3 admitted the relationship but contended that deceased Bapu who was brother of Plaintiff No.1 Babu and Tukaram (father of Plaintiff Nos.2 and 3) was exclusive owner of the said Watan Inam Lands which have been re granted to him alone after his Watan was abolished by Bombay Merged Territories and Misc. Alienations Abolition Act, 1955. The suit was also opposed by raising a plea of limitation by contending that the time will commence from 1976. By Judgment and Order dated 13 th March, 2009, the learned Jt. Civil Judge, Junior Division, Kolhapur decreed the suit and awarded the decree for partition and separate possession to the extent of 1/3 rd share. While doing so, the Judgment of the Supreme Court in the case of Abubakar Abdul Inamdar and Others v/s. Harun Abdul Inamdar and Others, 1995 5 SCC 612 and other Judgments were relied upon.

(3.) Aggrieved by this decree, original Defendant Nos.1 to 3 filed Regular Civil Appeal No.117 of 2009 which had been dismissed by the impugned Judgment and Order dated 7 th August, 2010 passed by the learned District Judge II, Kolhapur and the cross objections filed by the Plaintiffs are allowed and an enquiry in the mesne profits has been ordered. While doing so, apart from relying on the Judgment in the case of Abubakar A. Inamdar (Supra), District Court has also relied on the Judgment of the Full Bench of this Court in the case of Chinda Manji Koli v/s. Manga Daga Koli, 2008 5 AllMR 110, which in turn relied upon the Judgment of the Supreme Court in the case of Kalagonda Balgonda Patil v/s. Balgonda Kalgonda Patil and Others, 1989 Supp1 SCC 246.