SHRIMANTIBAI RAMU NARGUDE Vs. BHIMRAO APPA NARGUDE

JUDGEMENT

(1.) This is a second appeal filed by the original plaintiffs in R.C.S. No. 199 of 1975 filed in the Court of Civil Judge, J.D., Jaisingpur. The appeal impugns a judgment and decree passed by the Lower Appellate Court in Regular Civil Appeal No. 118 of 1986.

(2.) The plaintiffs' suit was for partition and separate possession of four agricultural lands bearing Gat No. 129, 159, 200 and 201. The Gat Nos. 129, 200 and 201 are situated in Village Yadrav, Taluka Shirol, Dist. Kolhapur and the Gat No. 158 is situated at Village Shirdon, Dist. Kolhapur. The partition was also sought in respect of the three house properties bearing Gram Panchayat House Nos. 274, 66 and 515. The house properties No. 274 and 66 were situated at Village Yadrav whereas house No. 515 was situated at Village Shridhon.

(3.) It was the case of the plaintiffs that the suit lands belonged to the father in law of the plaintiff No. 1 Annappa Nargude who expired on 8.2.1976. Annappa Nargude had two children by name Ramanna and Bhimanna. Ramanna predeceased Annappa on 10.5.1975 leaving behind widow Shrimantibai who was plaintiff No. 1 and a daughter Kamal who was plaintiff No. 2. Bhimrao married to one Sonabai and they had two sons by names Nemu and Adinath. In the suit filed by the plaintiffs Annappa was defendant No. 1, Bhimrao was defendant No. 2, Nemu was defendant No. 3 and Adinath was defendant No. 4. It was the plaintiffs' case that the suit properties being joint family property, the share of her husband would come to the plaintiffs.