MARUTI RAU MANE Vs. SHRIKANT MARUTI MANE

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and order dated 30-10-1990 rendered by the 3rd Additional District judge, Kolhapur by which Regular Civil Appeal No. 421 of 1985 filed by respondent No. 1 - plaintiff was allowed and the decree and judgment passed by the trial Court dated 30-9-1985, dismissing Regular Civil Suit No. 61 of 1979 came to be set aside.

(2.) THE suit was filed by respondent No. 1 for partition and separate possession of one half share in the suit properties. The trial Court dismissed the suit for non joinder of Sonabai, the mother of the plaintiff, as party in the suit. It appears that in the appeal the plaintiff-appellant made an application for amendment of the plaint seeking permission to add Sonabai as party defendant in the suit and the said application was allowed and accordingly she was added as defendant No. 9 in the suit. This order of amendment was not challenged either at that stage or even in the present appeal.

(3.) MS. Kololgi, learned counsel for the appellants fairly stated that she has instructions to confine the challenge in the instant appeal only to the extent of share allotted to the appellants by the appeal Court. She submitted that looking to the number of members of Maruti's family, the plaintiff would not be entitled for more than 1/5th share in the 1/3rd share of Maruti. In other words, the appellate court has committed grave error of law in allotting 1/3rd share to the plaintiff out of 1/3rd share of Maruti. She did not raise any other contention.