NANIBAI Vs. VITTHALRAO MAROTIRAO NAVKHARE

JUDGEMENT

(1.) This Second Appeal was admitted on 10022009 upon the following substantial questions of law

(2.) This Second Appeal is directed against the Judgment and Order dt.14112008 passed in Regular Civil Appeal No. 69 of 2008 whereby learned District Judge Amravati (the first appellate Court) was pleased to allow the appeal and set aside the Judgment and Order in Special Civil Suit No. 286 of 2005, dt.29022006 passed by the trial Court and to pass a decree whereby the plea for partition was allowed.

(3.) Motiram Navkhare died leaving behind his widow and two sons i.e. Laxmanrao aged 7 years and Vithal aged 1 year. With the support of their mother and uncle, both brothers went with their real uncle to Amravati and started doing labor work at Amravati and started an Automobile Garage for repairs of Automobiles. The Auto Garage business was a joint family business started in the year 1962 in the name as "Gajanan Auto Garage" and also "Trimurti Auto Garage" at Badnera Road, Amravati. They resided at Nanakshahi Wada at Amravati initially in rental accommodation and later in the acquired house property of their own. Even after their marriage, they resided together with their mother and other members of the family. Due to insufficient accommodation, they constructed a farm house and Laxmanrao went to reside at the farm house, though Vitthal did not shift from the family house. The family business grew and immovable properties were acquired in the name of family members.