GAYABAI SAKHARAM JAMBHULKAR Vs. GOPAL SAKHARAM JAMBHULKAR

JUDGEMENT

(1.) This appeal and another appeal No. 558 of 2004 between same parties were to be heard and decided together. Accordingly, today I have completed hearing in both the appeals and by separate order, because of limited nature of controversy involved therein, second appeal No. 558 of 2004 has been disposed of. Though in that appeal, it has been held that Section 30 of the Hindu Succession Act protected deceased Sakharam who has executed Will of his joint undivided family property, still the Will has not been accepted to be legal and valid, and therefore, judgment and decree of lower appellate Court has been maintained.

(2.) This second appeal is filed by original plaintiffs in regular civil suit No. 61 of 1996. Suit filed by them was for declaration, partition and separate possession. Trial Court decreed the suit partly and the original defendants then filed regular civil appeal No. 101 of 2001 on 20/8/2004. First Ad hoc Additional District Judge, Bhandara has partly allowed that appeal. Thereafter this second appeal has been admitted on 14/3/2006 by formulating following question as substantial question of law:

(3.) For the purposes of understanding facts, family tree which is not in dispute needs to be given here: <p>BULUCHA NATTHA I KANHU I Tukaram Sakharam (died on 25/1/95) I Rukhma @ Raiwanti Gayabai (defdt. 2) wife (Pltff.) - wife I Gopal (son ) Mukhklabai defdt.1 defdt.3 Ruplata daughter Pltff. No.4 Madapika daughter Pltff. No.5 Vijutai daughter Pltff. No. 6 Bharti daughter Pltff. No. 2 Sushma daughter Pltff. No. 3