LADY RAMABAI Vs. PRANAYA PARSHURAM PATWARDHAN

JUDGEMENT

(1.) THIS is a First Appeal filed by the original plaintiffs against the Judgment and Decree of the Civil judge (S. D.) Kolhapur dated 1st May, 1997 dismissing plaintiffs' Special Civil Suit No. 18 of 1979 and allowing the Defendants' counter claim. The original Plaintiff -Lady Ramabai was the second wife of late Sir Parshuram bhau Patwardhan, the erstwhile ruler of Jamkhandi, a princely State situated in District Bijapur, now in State of Karnataka. She used to reside in a palatial property known as Parshuram Niwas at Kolhapur, which belonged to the estate of her deceased husband. She had filed the said suit against the original Defendants seeking a partition and possession of immovable and movable properties from the estate of her deceased husband situated at various places including at Kolhapur and Pune and this Parshuram Niwas to herself. The counter-claim claimed the Parshuram Niwas property for the concerned defendants, the heirs of the said Sir Parshuram Bhau from his first wife. This counter-claim has been allowed and the suit has been dismissed under the impugned decree. The heirs of Lady Ramabai have filed this appeal whereas the concerned Defendants have filed their cross-objections to the extent there are findings adverse to them in the impugned judgment. For convenience, the Appellants shall be referred to as the Plaintiffs and the Respondents as the Defendants as mentioned in the suit.

(2.) THE parties are stated to be members of a joint hindu family (HUF ). The Plaintiffs as well as the defendants claim from a common ancestor, the said Sir parshuram Bhau Patwardhan Rajesaheb of Jamkhandi (known as "sir Parshuram Bhau") who died in 1924. Sir Parshuram bhau had married one Ramabai known as the Senior Rani who had predeceased him in 1907. After her death he married a lady also named Ramabai but known as Lady Ramabai, the junior Rani (the original Plaintiff ).

(3.) SIR Parshuram Bhau left behind him from the marriage with his first wife only one son Shri Shankarrao appasaheb (known as "shankarrao") who died in 1947. Shankarrao left behind him his wife Leelavati, one daughter Indumati (Defendant No. 5) and one son. This son parshuram II died in 1953 leaving behind him his wife lailaraje (Defendant No. 3), one married daughter Pravasini (Defendant No. 7) and two sons. These two sons Pranay and pratik are the original Defendants 1 and 2. These defendants 1 to 3 are the main contesting Defendants and shall be referred as "the Defendants". The son of defendant No. 1 Aditya is joined as Defendant No. 6. The defendant Nos. 5 to 7 have been joined as party Defendants later though the Plaintiffs contend that they are not the members of the HUF and are not entitled to any of the HUF properties and are only joined by way of caution to obviate the plea of non-joinder of necessary parties.