KISAN SADASHIV PAIK Vs. SHIVAJI KISAN PAIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) This petition filed under Article 227 of the Constitution of India, impugns order dtd. 12/11/2021, passed by learned District Judge, Kopargaon, below Exhibit-41 in Regular Civil Appeal No.46/2019.

(3.) Respondent Nos. 1 and 2 filed Regular Civil Suit No.156/2011, in the Court of learned Joint Civil Judge, Junior Division, Kopargaon, for partition and separate possession of suit properties, contending that respondent No.2 Jijabai was married with petitioner No.1 Kisan and respondent No.1 Shivaji is their son. Kisan performed second marriage with petitioner No.2 Yashodabai and petitioner Nos. 3 and 4 are children of Yashodabai and Kisan. Petitioners/defendants resisted the suit. Trial Court by judgment and decree passed on 02/03/2019 held that children of first wife Jijabai and Kisan i.e. respondent No.1 Shivaji have 1/4th share and petitioner No.1 Kisan have 1/4th share and children of second wife Yashodabai and Kisan i.e. petitioners herein have share in Kisan's share. Petitioners challenged the said judgment by filing R.C.A. No.46/2019, before District Court, Kopargaon.