SUBHASH Vs. MAROTI

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No. 27/2003, which was pending in the Court of Ad-hoc District Judge-5, Nanded. The appeal filed by present respondents/original plaintiffs against the judgment and decree of Regular Civil Suit No. 75/2001, which was pending in the Court of Civil Judge, Junior Division, Kinwat is allowed by the First Appellate Court and the suit is decreed in favour of plaintiffs. Both the sides are heard.

(2.) R.C.S. No. 75/2001 was filed in respect of land Gat Nos. 57, 58 and 59 situated at village Murli. Relief was claimed for declaration of a document of Will executed in favour of one Keshav Bhaware as null and void. Declaration was claimed that aforesaid three properties belong to plaintiffs and relief of possession of these properties was also claimed.

(3.) It is the case of plaintiffs that one Sambhaji Bhaware was owner of aforesaid lands. It is contended that Sambhaji had a son by name Thakaji and one daughter by name Vithabai. It is contended that the property, initially bearing Survey No. 30, came to the share of Thakaji and after his death, the property came to his daughter by name Anjanabai. It is contended that the property was standing in the name of Anjanabai till her death and she died issueless on 2.9.1998. It is the case of plaintiffs that plaintiff No. 1 is son of Vithabai, who was daughter of Sambhaji and plaintiff Nos. 2 and 3 are sons of plaintiff No. 1. It is contended that after the death of Anjanabai, they became owners of the suit property in view of their relationship with Anjanabai.