RUPCHAND KUNDALIK KADU Vs. BHAGIRATHA SANTOSHJI GAURKAR

JUDGEMENT

(1.) The present applications are filed under Sec. 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908 (for short, "the CPC"), seeking review of the judgment dtd. 11/2/2026 passed by this Court in Second Appeal St. No.4292 of 2025. It needs to be stated that Second Appeal No.275 of 2022 and Second Appeal St. No.4292 of 2025 were filed by the non-applicants No.1,2, 4, 5 and 6.

(2.) The said appeals are filed challenging common judgment and decree dtd. 4/3/2022 passed by the learned District Judge-4, Nagpur in Regular Civil Appeal Nos.16 of 2021, 159 of 2019 and 169 of 2019. These three appeals were filed by the original plaintiff, defendant Nos.1 and 2 and legal representatives of deceased defendant No.3.

(3.) The original plaintiff is son of defendant No.1. He filed a suit for partition and separate possession seeking share in the property of his grand-father. Since the plaintiff's grand-father died after commencement of Hindu Succession Act,1956 and the properties were found to be self acquired properties of the grand-father, the learned Trial Court dismissed the suit on the ground that during the lifetime of his father (defendant No.1), the plaintiff could not claim any share in the properties of his deceased grand-father.