SUBHASH EKNATHRAO KHANDEKAR Vs. PRAYAGABAI

JUDGEMENT

(1.) This Second Appeal arises out of judgment rendered by learned IInd Additional District Judge, Latur, allowing appeal (R.C.A.No.123/1991) preferred by original plaintiff No.2 -Kantabai. By the impugned judgment, the first appellate Court decreed suit of original plaintiff No.2 -Kantabai for partition and separate possession as well as for declarations.

(2.) Originally suit (Spl.C.S.No.123/1985) was filed by original plaintiff No.l -Prayagbai and plaintiff No.2 - Kantabai against deceased defendant No.1 Manohar and others. They claimed partition and separate possession of two agricultural lands bearing S.No.250 and S.No.493 situated at village Nalegaon in Ahmedpur Tahsil. They sought joint 1/3rd share therein. They further sought declaration that compromise decree rendered in previous suit (R.C.S.No.166/1981) was not binding on their rights, title and interest and so also an exchange deed dated 27.2.1984 executed by defendant No.5 Trimbak is not binding on their rights and further declaration that defendant No.4 Shantabai is not legally wedded wife of deceased Vasant and hence, defendant No.3 Gopal is not their legitimate son. They further sought maintenance allowance at the rate of Rs.150/-p.m. each and creation of charge thereof on the remaining 2/3rd share of the suit lands. The suit was originally filed against 12 defendants.

(3.) The following pedigree table is duly proved in accordance with concurrent findings of the trial Court and the first appellate Court.