BALAPRASAD BANSILAL BIYANI Vs. SARAJUBAI BANSILAL BIYANI

JUDGEMENT

(1.) The petitioner in the above revision application under section 115 of the Code of Civil procedure is the adopted son and defendant in a suit filed by his adoptive mother and her two daughters, being civil suit No. 80 of 1972 in the court of civil Judge, Senior Division Nanded.

(2.) The defendant filed special civil suit No. 195 of 1959 against Bansilal, deceased husband of planitiff No. 1 and others in which he was held to be the adopted son by the High Court in first Appeal No. 435 of 1961. The High Court had also decreed partition of the suit property)

(3.) Under the partition decree passed by the High Court the defendant, the deceased Bansilal & Sarjubai, the plaintiff in the present suit had each been declared to have 1/3 share in the joint family property and further that on the death of Bansilal his 1/3 share devolved by succession on Balaprasad, the defendant and Sarjubai and daughters who are plaintiffs Nos. 2 and 3 and the suit is now pending. It is alleged by. the plaintiffs that in respect of one of the properties in the suit viz. survey No. 100 of village Nanded which is a service Inam land, proceedings for succession to the property started after the death of Bansilal.