GEETA KUMARCHAND SHAH Vs. DAMODAR HIRACHAND SHAH

JUDGEMENT

(1.) By these three appeals filed under secti 00 of the Code of Civil Procedure, 1908, the appellants have impugned the judgment and decree dated 10 th July, 2008 passed by the learned District Judge, Ratnagiri at Alibaug allowing the Civil Appeal Nos. 56 of 2006 and 57 of 2006. By consent of parties, all three appeals were heard together and are being disposed of by a common judgment. Some of the relevant facts for the purpose of deciding these three appeals are as under :-

(2.) The parties in this judgment are described as per their original status in the Regular Civil Suit No.103 of 1996. Second Appeal No.708 of 2008 and Second Appeal No.38 of 2009 are filed by the original defendant nos. 3 to 7. Second Appeal No.386 of 2009 is filed by the original plaintiff.

(3.) Mr.Hirachand Shah had two wives Mrs.Motiben was the first wife and Mrs.Devkibai was the second wife. The said Mrs.Devkibai was the original defendant no.10 in the suit. Mrs.Motiben and the said Mr.Hirachand Shah had three sons, viz. (1) Mr.Kumarchand, (2) Mr.Mohan and (3) Mr.Purshottam and one daughter viz. Ms.Sulochana. Mr.Kumarchand died sometime in the year 1990 leaving behind him his widow Mrs.Geeta, one son viz. Mr.Manoj and three daughters viz. Neelam, Sadhana and Nutan. The aforesaid widow, son and three daughters of the said Mr.Kumarchand were the original defendant nos. 3 to 7 in the suit and are the appellants in the Second Appeal No.708 of 2008 and Second Appeal No.38 of 2009. Mr.Mohan who was one of the son of Mrs.Motiben was the original defendant no.1. Mr.Purshottam who was also one of the son of Mrs.Motiben was the original defendant no.2. Mrs.Sulochana who was one of the daughter of the said Mrs.Motiben had three children viz. Ms.Induben, Mr.Bipin and Mr.Kantilal. The said Ms. Induben, Mr.Bipin and Mr.Kantilal were impleaded as defendant nos. 8, 9 and 16 respectively in the suit.