ANIL RAMKRISHNA DESHMUKH Vs. DR. UDDHAV RANGRAOJI DESHMUKH

JUDGEMENT

(1.) These two appeals arise out of a suit filed by the appellant in Second Appeal No.406 of 2009, wherein the appellant in Second Appeal No.487 of 2007, was defendant no.67.

(2.) Second Appeal No.406 of 2009 has been filed by the original plaintiff, who had filed a suit in the year 1977 for setting aside of a partition-deed dated 16.12.1953 and for half share in the suit property described in Schedules A, B and C to the plaint.

(3.) The case of the appellant in brief was that the property in question was ancestral joint family property. It was originally owned by one Bajirao and Shankarrao. The said Shankarrao was the husband of the defendant no.4 to the suit, being grandmother of the appellant (Plaintiff). After the death of Shankarrao, the defendant no.4 adopted Ramkrishna as her son and he became a coparcenor with said Bajirao in respect of the joint family property. Said Ramkrishna was arrayed as defendant no.1 in the suit and he was the father of the appellant.