DAMU GANU MALI Vs. AMBADAS LAHANU MALI

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Joint Judge, Aurangabad in Regular Civil Appeal No.56/1981 whereby and whereunder partition decree, granted in suit (RCS No.42/1976) came to be reversed and the suit was dismissed.

(2.) Appellants are the original plaintiffs. They represent branch of deceased Genu alias Ganu Mali. They claimed 1/3rd share in 4 agricultural fields.

(3.) There is no dispute about the fact that originally the suit fields were held by deceased Kamlaji. Said Kamlaji had 4 sons. The following pedigree table would clarify internal relations between the parties <p>Kamlaji (Deceased) ------------------------------------------------------ Dasharat Amruta Piraji Lahanu (Deceased) (Deceased) (Deceased) (Deceased) (Issueless) (Genu) (Deceased) ------------------ ------------------------ Damu Ramu Govind Laxman Vithoba (Deceased) (Deceased) ---------------------------- ---------------------- Bhimaji Ganpati Asaram Died Bapu (Died) D.2 D.3 Kashibai Df.4 (wife) Df.5 Deceased -------------- ---------------------------------------------- Rahi Khoba Bapu Sham Samin Shanta bai bai (son) rao drabai bai (Drt) (Dtr) (son) (Dtr) (Dtr) --------------------------------------------------- Kashibai Ganesh Dagdabai Subabai Chabahai (wife) (son) Dau.D.5 D.5c Dau.D5d Minor U/g mother Kashibai D.5a ------------------------------------------------------ Kanhu Arjun Kausa Rakhma Shashi Suman Saru (son) (son) bai bai kala bai bai (wife) Dtr Dtr Dtr Dtr