GANGADHAR WAMANRAO PATIL Vs. RAVISHANKAR BENIPRASAD DHELIA

JUDGEMENT

(1.) Heard finally with the consent of learned Advocates for the respective parties.

(2.) The appeal and cross objection arise out of the judgment and decree dtd. 29/3/2016 passed by the Principal District Judge, Wardha and therefore the same are being disposed of by common judgment. In this appeal, the appellant, who was the original defendant No. 5, has challenged the judgment and decree dtd. 29/3/2016, whereby the learned Principal District Judge, Wardha allowed the appeal filed by the original plaintiffs/respondent Nos.1 and 2 and partly decreed the suit filed by the plaintiffs/respondent Nos.1 and 2. The appellant, in this appeal, is defendant No. 5 in the suit. Respondent Nos. 1 and 2 are the original plaintiffs. Respondent No.3 is the original defendant No.1. Respondent No. 4 is the original defendant No. 2. Respondent No. 5 is the original defendant No. 3. Respondent Nos. 1 and 2 filed the suit for partition and separate possession of the suit properties described in the schedule appended to the plaint. Respondent Nos.1 and 2 contested the suit in respect of two properties, namely plot bearing Nos. 26 and 27, with a double story house constructed thereon (hereinafter referred to as 'the suit property'). Respondent No.2 is the wife of the deceased Beniprasad. Beniprasad was given in adoption to Amolakchand on 21/12/1967. Respondent No. 1 is the son of respondent No. 2 and Beniprasad. Respondents stated that Beniprasad, after his marriage with respondent No.1, was addicted to bad vices like consumption of liquor, gambling etc. He, therefore, started selling his properties. According to respondent Nos. 1 and 2, after the sale of one property to Munshi Traders, the suit property was purchased on 28/5/1999 in the joint names of respondent No.2 and Beniprasad from Smt. Vijaya Rajan Vyawhare. According to respondent Nos. 1 and 2, the suit property was the joint property of respondent No.2 and the deceased Beniprasad. During the lifetime of Beniprasad they filed the suit for partition and separate possession of their respective shares in the properties, including the suit property.

(3.) Deceased Beniprasad, on 21/1/2004, sold the suit property to the appellant. The suit for partition and separate possession was filed on 4/5/2002. After this sale transaction, the respondent Nos. 1 and 2 amended the plaint and stated that the sale deed was hit by the principle of lis pendence.