BABURAO MAHADEORAO BHUSARI Vs. NITIN GOPALRAO PETHE

JUDGEMENT

(1.) THE appellants herein are unsuccessful defendants no. 1 to 4 in the trial Court. The facts which appear prima facie are that a suit for partition of the ancestral property and possession was instituted in the Court of Civil Judge, JD, Warud, District Amravati. The dispute was regarding share in ancestral land Gat No. 238 admeasuring 4.35 HR situated at Musalkhed, Tahsil Warud, District Amravati. The land was originally owned by Mahadeo Bhusari who died on 15.8.1983 leaving behind him his three sons viz. Baburao, Nilkanth and Purushottam as also daughterinlaw Indirabai of his predeceased son Pundlik and daughter Indutai. it is alleged that Indutai had relinquished her share in the joint Hindu family property according to appellant. As a result of relinquishment by Indutai, respondents (original plaintiffs) claiming through Indutai could not have received share in the joint Hindu family property which was erroneously granted by the trial Court in RCS No. 69 of 2008, decided on 28.6.2011 by the Civil Judge, JD, Warud.

(2.) DECREE passed by the trial Court was challenged in the District Court, Amravati with an application for condonation of delay in filing First Appeal. However, learned 1st appellate Judge refused to condone delay on the ground that sufficient cause was not made out.

(3.) ACCORDING to appellants, learned 1st appellate Judge ought to have adopted justiceoriented approach instead of throwing away the appeal on technical plea of delay and dismissing the same without adverting to merits of the suit.