LAXMIKANT GOPALKRISHNA SHIVHARE Vs. SHRIRAM GOPALKRISHNA SHIVHARE

JUDGEMENT

(1.) By invoking the jurisdiction under Sec. 115 of the Code of Civil Procedure, the applicants challenge the judgment and order by which the judgment and order passed by learned Civil Judge Senior Division, Nagpur is modified and held that the applicants, non- applicant Nos.1 and 2 are entitled to claim 1/3rd share each in the amounts of Rs.10,91,163.00, Rs.3,60,000.00 and Rs.60,993.60 total amounting to Rs.15,12,156.60 left behind by deceased Shail Shivhare. By this order, direction was also issued to issue the succession certificate in favour of the applicants and non-applicant Nos.1 and 2.

(2.) Brief facts which are necessary for disposal of the revision, are as under:

(3.) The application was contested by the applicants before the trial court on the ground that deceased Shail was legally adopted by Ramkrushna Shivhare who has taken all necessary care and provided good education to her. As far as receipt of the service benefits and the amounts lying are concerned, the same is admitted by the applicants. It was contended that Abhishek was adopted by her and his name was mentioned as her nominee and, therefore, only Abhishek is entitled for the said amounts.