BALIRAM ATMARAM DHAKE Vs. RAHUBAI ALIAS SARASWATIBAI

JUDGEMENT

(1.) This Second Appeal is filed by original defendant No. 2 being aggrieved by the judgment and decree passed by the learned District Judge in Regular Civil Appeal No. 126 of 1982 decided on 19.12.1986, whereby the learned District Judge held that the share of plaintiff/respondent was augmented from l/3rd to 1/2 in the suit property pending the appeal and thus otherwise confirmed the decree for partition and separate possession passed by the learned 4th Joint Civil Judge, Junior Division, Jalgaon in Regular Civil Suit No. 499 of 1979 decided on 25.1.1982 with the modification.

(2.) This Second Appeal is admitted by order dated 1.7.1987 on ground No. 10, which is as follows :

(3.) Most of the facts of this appeal are no more disputed. Thus it is admitted that the respondent-Rahubai had married Jagannath who was son of original defendant No. 1-Atmaram Dhake and brother of present appellant-Baliram. Jagannath died on 19.12.1954. In about 1962, plaintiff/respondent remarried. The plaintiff filed suit for partition and separate possession in 1979 claiming 1/2 share in the suit properties which are ancestral properties of Atmaram Dhake. The suit was against Atmaram Dhake who died pending First Appeal and his son Baliram who is appellant. The trial Court decreed the suit and awarded l/3rd share to each of the plaintiff and defendant Nos. 1 and 2. As against the said judgment and decree the appeal was preferred by the defendants. Pending the appeal before District Court, Atmaram Dhakedied. Appeal was continued by present appellant-Baliram and the learned Judge was pleased to dismiss appeal with modification that the share of plaintiff/respondent had become 1/2 as a result of death of Atmaram.