MILIND Vs. JAYA

JUDGEMENT

(1.) This appeal is preferred against the Judgment and decree passed by the District Judge-2, Wardha in Regular Civil Appeal Nos.212 of 2015 and 213 of 2015, dtd. 13/12/2019, which arised out of Judgment and decree passed by 3rd Joint Joint Civil Judge, Senior Division, Wardha in Special Civil Suit No.48 of 2005, dtd. 31/1/2009.

(2.) The house bearing No.414/1 to 414/4 situated in Nazul Plot No.2627, Sheet No.68, area 57.5 Sq.Ft. East-west and 29.5 Sq.Ft. North-south, total area 1695 Sq.Ft. situated within the limits of Municipal Council, Wardha is the suit property.

(3.) The plaintiffs contended that late Pandurang was a common ancestor of the joint family of the plaintiffs and defendants. His two sons names are Vithoba and Krushnarao. Vithoba died in 1935. The name of his two sons Murlidhar and Nilkant. Murlidhar died issue-less in the year 1966. Nilkanth died in the year 1959. The name of his son is Narayan and his two daughters are plaintiff Nos.6 and 7. Narayan died in the year 2003. His wife is plaintiff No.1 and four sons i.e. plaintiff Nos.2 to 5. The other son of Pandurang i.e. Krushnarao died in 1949. The name of his son is Vinayakrao who died in 1999. Defendant No.1 is his widow, defendant Nos.2 to 3 are sons and defendant Nos.9 and 10 are the daughters of late Vinayakrao. Defendant Nos.7 and 8 are the legal heirs of late Lata, a daughter of late Vinayakrao. Defendant Nos.11 to 13 are the purchasers of the suit property.