SOU. SHEETAL ULHAS DANGI Vs. SUBHASH SHIVAJI SAWANT

JUDGEMENT

(1.) By these two appeals filed under section 100 of the Code of Civil Procedure, 1908 which arise out of the judgment and decree dated 13th August 2013 passed by the learned Principal District Judge, Sindhudurg-Oros were thus heard together and are being disposed of by a common order.

(2.) Second Appeal No. 17 of 2014 is filed by the appellant (original defendant no.22) impugning the said judgment and decree dated 13th August 2013 declaring the sale deeds of the suit lands executed by the defendant no.1 in favour of the defendant nos.22, 23 and 24 not binding on the share of the plaintiff and the defendant nos.17 to 21. Second Appeal No. 493 of 2016 is filed by the original defendant nos.1 to 5 thereby impugning the said judgment and decree dated 13th August 2013 passed by the District Court-1, Sindhudurg at Oros thereby setting aside the decree passed by the learned Civil Judge, Junior Division, Kudal in Regular Civil Suit No. 80 of 2001 and passing a decree for partition by declaring shares of the plaintiff, defendant nos.17 to 21 and the defendant nos.12 to 15. Some of the relevant facts for the purpose of deciding these two second appeals are as under :-

(3.) The parties in this judgment are described as per their original status in the Regular Civil Suit No. 80 of 2001. The respondent no.1 was the original plaintiff before the trial Court. The respondent nos.2 to 21 and 23 to 25 were the original defendants. It was the case of the plaintiff that the suit property was owned by deceased Pundalik Ramchandra Sawant, paternal uncle of the plaintiff and the defendants. The said Pundalik Ramchandra Sawant died on 19th October 1996. After demise of the said Pundalik, the plaintiff and the defendant nos.1 to 21 who were his legal heirs became owners of the suit property. It was the case of the plaintiff that the plaintiff and the defendant nos.17 to 21 have th share in the suit property. The defendant nos.1 to 5 have ⅕th share jointly and defendant nos.6 to 11 have ⅕th share jointly and the defendant nos.12 to 16 have ⅕th share jointly.