SOMANATH RADHAKRISHNA MORE Vs. UJJAWALA SUDHAKAR PAWAR

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and order passed by the First Appellate Court dated 16 th December, 2004 thereby confirming the judgment and order of the trial Court dated 18 th July, 2000. Respondent no. 1 filed Regular Civil Suit No. 461 of 1995 against the appellant and other respondents for her one half share in the agricultural land and suit house including business through her deceased father in the Joint Family property. Respondent no. 1 (plaintiff) is a daughter of deceased Trimbak Ramchandra Mahale. Ramchandra had three sons, i.e., Radhakrishna, Trimbak and Digamber. According to the plaintiff, Radhakrishna was given in adoption in one Mor family, therefore, he had no interest or right in the Joint Hindu family.

(2.) The appellant challenged the said verdict of the trial Court in Civil Appeal No. 316 of 2000 along with original defendant no. 4Pandurang Punja Thete. The first Appellate Court upheld the judgment and order of the trial Court and dismissed the appeal.

(3.) This Second Appeal was admitted on 21 st September, 2005 and substantial questions of law were formulated as follows: