MAHADU APPA WANJOLE Vs. LAXMAN VEERAPPA WANJOLE

JUDGEMENT

(1.) THIS matter was on board under the caption of Final Hearing. When the matter was called out for final hearing at 3. 15 p. m. on 22nd April, 2008, nobody ap-peared for the respondents to represent them. Mr. Khandeparkar, the learned Counsel appearing for the appellant, was present. He argued the matter at length till 5. 00 p. m. on 22nd April, 2008. On 22nd April, 2008 itself, Mr. Khandeparkar for the appellant was requested to communicate to the Advocate for the respondents the fact that the matter is fixed for final hearing and remained part heard, to be heard on 23rd April 2008. On 23rd April, 2008, Mr. Khandeparkar for the appellant informed me that accordingly he intimated the said fact to the respondents no. 1 Advocate through his colleague Advocate mr. Kalake and Mr. Kalake informed him that a message was given to the Advocate for the respondents that the matter is fixed for final hearing on 23rd April 2008. But nobody appeared for the respondents on 23rd april 2008.

(2.) THIS is a second appeal filed by the appellant, who is the original plaintiff, against the judgment and order passed by the Addl. Sessions Judge, Gadhingalaj allowing the appeal filed by the respondents/defendants and setting aside the judgment and decree of the trial Court. FACTUAL MATRIX :-

(3.) THE case of the plaintiff, in brief, is as under :-The appellant-original plaintiff had filed a suit for partition in respect of 13 agricultural fields and 7 houses situated at village uttur, Taluka Ajara against the respondents-original defendants. (For the sake of convenience, i am referring the parties in the appeal as the plaintiff and the defendants ). The plaintiffs father Appa was the real brother of defendant No. 1 Laxman. The suit agricultural fields Gat Nos. 313, 323, 324, 33, 373, 374, 402, 416, 419, 433, 435, 436 and 415 and the suit houses bearing Grampanchayat nos. 227, 227/1, 228, 229, 230,662, and 663 situated at village Uttur are the joint family properties of the plaintiff and the defendants. Since defendant No. 1 Laxman was the Karta of joint family, all the suit properties, mentioned herein above, were entered in his name.