KAMLAKAR PURUSHOTAM INAMDAR Vs. RAJANI SHRIRAM MADIWALE

JUDGEMENT

(1.) Both the present appeals arise out the common judgment dtd. 9/1/2015 passed by the Appellate Court in Regular Civil Appeal No 97 of 2013 and Regular Civil Appeal No 115 of 2013.

(2.) Regular Civil Appeal No 97 of 2013 was filed by the original Plaintiff Nos 1 to 3 and Regular Civil Appeal No 115 of 2013 was filed by the original Defendant Nos 7 and 8 challenging the judgment and decree dtd. 5/3/2013 passed by the Trial Court in Regular Civil Suit No.132/2010 partly decreeing the suit determining the shares of the parties i.e. 1/18th share of Plaintiff Nos 1 to 3 each, 7/18th share of Defendant No 1, 7/18th share of the Defendant Nos 4 to 6 collectively and 1/18th share of Defendant Nos 7 and 8 collectively in suit properties situated at Mauje Kashidwadi, Taluka Phaltan and Mauje Padali, Taluka Khandala.

(3.) Regular Civil Suit No.132/2010 was filed by the Plaintiffs initially against Defendant Nos.1 to 3 seeking partition and separate possession of property bearing Gat No.149 ad-measuring 4 H 88 R situated at Mauje Kashidwadi. Subsequently the suit came to be amended to include property being Gat No.370/1, Gat No.370/2, Gat No.374, Gat No.363, Gat No.332, Gat No.345 and Gat No.340 situated at Mauje Padali, Taluka Khandala and to implead the legal heirs of the deceased brother-Arvind and sister-Indira. The case of the Plaintiffs was that the suit properties were owned by the propositus Purshottam Govind Inamdar who expired on 16/8/1971 leaving behind him surviving as his legal heirs his wife Rukminibai, sons Arvind and Kamlakar and the Plaintiffs who are the daughters. In the year 1981 their mother Rukminibai expired and after her death the Plaintiffs are entitled to 1/4th share in the suit properties.