SHABLO GOVIND GAUDE Vs. KASHINATH GOVIND GAUDE

JUDGEMENT

(1.) The challenge in this appeal, is to the concurrent findings of the Courts below, decreeing the suit of the respondents/plaintiffs.

(2.) The respondents filed Regular Civil Suit No. 56/2009/A, before the learned Senior Civil Judge at Ponda, against the appellants, for declaration and consequential reliefs. The respondents sought declaration that the Deed of Gift dated 09.11.2004, the Will dated 25.11.2002 and the decree dated 03.11.2007, passed by the learned Senior Civil Judge, Ponda in Regular Civil Suit No. 87/2005/A, is null and void and for a consequential direction to the registration authority to cancel the said documents namely, the Deed of Gift and the Will.

(3.) Respondent No. 1-Kashinath Gaude and the appellant no. 1-Shablo Gaude, are the sons of Govind Gaude and his wife Smt. Yamuna Gaude. Govind Gaude died on 27.04.2006, while his wife, Yamuna Gaude died on 18.04.1995. Respondent no. 2 is the wife of respondent no. 1. The appellant no. 2 is the son of appellant no. 1, while the appellant no. 3 is the wife of the appellant no. 2. The appellant no. 1 and the respondent no. 1 had a brother by name Vithal Gaude. Admittedly, Vithal Gaude was not made a party to the suit filed by the respondents.