PANDURANG SITARAM CHOUDHARI Vs. SUNIL PRALHAD CHODHARI

JUDGEMENT

(1.) The appellants in both these appeals have challenged the common judgment and order dtd. 18/9/2015 passed by the learned Principal District Judge, Jalgaon (hereinafter referred to as "the learned lower Court") in Regular Civil Appeal No. 27/2002 arising out of judgment and decree dtd. 23/11/2001 passed by the learned 4th Joint Civil Judge (Senior Division), Jalgaon in Regular Civil Suit No.62/1990 and Regular Civil Appeal No. 137 of 2014 arising out of judgment and decree dtd. 28/6/1995 passed by the learned Civil Judge (Senior Division), Jalgaon in Special Civil Suit No. 159/1990. Under the impugned common judgment, the learned lower Court has remanded both the aforesaid civil suits for deciding afresh by common judgment to the Court of Civil Judge (Senior Division), Jalgaon.

(2.) The background facts leading to these appeals are as under :

(3.) During the pendency of the aforesaid suit, Sitaram died, but defendant Nos.3 an 4 Pandurang and Vitthal, brothers of Pralhad admitted the suit claim. However, defendant No.2 Shantabai i.e. the mother of Pralhad resisted the suit by contending that the suit property was self acquired property of her deceased husband Sitaram. The trial Court, after framing the issues and after the parties led evidence, held that the suit property was joint family property and accordingly determined one-fourth share of plaintiff Pralhad in it. The said judgment and decree dtd. 28/6/1995 was challenged by original defendant No.2 Shantabai, by fling First Appeal No. 97 of 1996 before this Court, but on account of enhanced pecuniary jurisdiction, the appeal was transferred to the lower Court under a new number as Regular Civil Appeal No. 137/2014.