TARABAI PRABHAKARRAO NALAWADE Vs. KESHARBAI ALIAS PUSHPABAI

JUDGEMENT

(1.) This is an appeal preferred by original plaintiffs being aggrieved by the dismissal of Special Civil Suit No. 387 of 1998 by the learned Joint Civil Judge Senior Division, Aurangabad on 14.1.2004, whereby the suit for partition and separate possession was dismissed.

(2.) It is no more disputed that Mahipati was the original common ancestor who had two sons, namely, Deorao and Saluba. Prabhakarrao was son of Saluba and father of original plaintiff nos. 1 to 3 who are present appellants. Deorao had two sons Eknathrao and Trimbakrao. Present respondent nos. 1 to 6 (defendant nos. 1 to 6) are the legal representatives of Eknathrao; whereas respondent nos. 7 to 12 (defendant nos. 7 to 12) are the legal representatives of Trimbakrao. Mahipati died long back. Deorao died on 15.7.1974. Eknathrao died in November, 1997. Trimbakrao died on 31.5.1986. Saluba died on 6.10.1980 and Prabhakarrao died on 10.3.1991. Respondent nos. 13 to 16 (defendant nos. 13 to 16) are purchasers of agricultural land from the plaintiffs. There is no dispute about above said facts.

(3.) It is also not disputed that Eknathrao, Trimbakrao and Prabhakarrao formed a joint family and Block No. 453 (Survey No.210) admeasuring 19 acre 20 guntha land situated at Chikalthan, Taluka Kannad, District Aurangabad and Block No. 146 (Survey No. 65) admeasuring 27 acre 39 guntha land situated at Neem Dongri, Taluka Kannad, District Aurangabad are joint family properties. It is also not disputed that the joint family owned House No. 725 and open plot C.T.S. No.709, situated at Chikalthan, Taluka Kannad, District Aurangabad.