(1.) BY these appeals, the judgment and decree dated 4/11/2009 delivered in Regular Civil Appeal No. 147/2008 by the 1st Ad hoc District Judge, Nagpur have been challenged.
(2.) THE challenges made to the impugned judgment and decree pose identical substantial questions of law arising between the same parties and, therefore, both these appeals are being disposed of by this common judgment.
(3.) THE plaintiff, Vasant Bulaji Fating, is claiming his share as a coparcener of the Hindu joint family of his grandfather Baulaji Fating and separate possession thereof. The properties making up the joint family property have been described in the schedules as A, B, C & D attached to the plaint. Bulaji Fating had two sons, Bulaji and Maroti and after his death the joint family property was held by the two brothers. Bulaji died in 1939 leaving behind his widow Bhulabai, one daughter Parvatibai and one son Raghunath, who were joint in status and in property with Maroti. While Raghunath died in the year 1957, Maroti died on 4/01/1973. Bhulabai continued to be a member of Hindu joint family even after the death of Raghunath in 1957 and Maroti in 1973.