BAPU LAXMAN PATIL Vs. SHANKAR BAPU PATIL

JUDGEMENT

(1.) THE present appeal is filed by the Defendant no.1 (since deceased, by his heirs) and Respondent no.1 is the original plaintiff in Regular Civil Suit No.91 of 1978, on the file of the Civil Judge, Junior Division. Malkapur, respondent No.2 is the original defendant No.2 and respondent no.3 is the original defendant No.3.

(2.) THE plaintiff has filed suit for partition and possession of the agricultural lands and house property situated at village Bambavade, Taluka Shahuwadi, District Kolhapur. The plaintiff claims that defendant No.1 Bapu (deceased) is his father and defendant no.2 Sou.Hirabai is his mother. Plaintiff further claims that defendant no.3 Yeshwant Laxman is Karta of the joint family, that Bapu-defendant no.1 and Yeshwant-defendant no.3 have 1/2 share each in all the properties. Plaintiffs being natural son is coparcener and entitled for partition.

(3.) IN the trial Court, the parties led oral and documentary evidence. The trial Court found that Tarabai is defendant no.1's legally wedded wife and she herself and her sons are necessary parties to the suit. The trial Court dismissed the suit by holding that the plaintiff's suit is bad for nonjoinder of necessary parties.