SADASHIV SAKHARAM PATIL Vs. CHANDRAKANT GOPAL DESALE

JUDGEMENT

(1.) The main challenge is to the order of injunction restraining creation of third party interest in the suit properties under the impugned order of the Second Joint Civil Judge (S.D.) Thane dated 23rd November 2010. One Sakharam had three children: two daughters, Narmadabai and Muktabai and one son, Sadashiv. The two daughters predeceased him. His son succeeded him.

(2.) Muktabai died in 1978. Narmadabia, the other daughter died in 1987 prior to Sakharam who died on 4th October 1995. Sadashiv, claiming to be the sole heir and successor of Sakharam, got the Revenue records altered showing a mutation entry dated 3rd December 2002 reflecting his name.

(3.) The son of Muktabai filed the suit claiming the share of Muktabai in the properties of her father Sakharam. He claims that the properties of Sakharam are ancestral properties or properties purchased from the proceeds of the sale of ancestral properties. Sadashiv, who is the Defendant No.1 in the suit, claims that the properties were purchased by Sakharam alongwith Sadashiv himself and are, therefore, his self acquired properties. These properties are stated to have been bequeathed by him under the registered Will dated 11th September 1989. The son of Muktabai claims that the Will is bogus and that Sakharam had no bequeathable interest, the properties being ancestral properties which he could not have disposed off by Will. The other heirs of Muktabai and Narmadabai similarly claim the properties of their deceased mothers.