NARENDRA AKASH MAHARAJ PETKAR Vs. SHAHAJI BAPURAO PETKAR

JUDGEMENT

(1.) Heard Counsels for both sides.

(2.) This is a common order on the above two appeals arising out of the same judgment and decree dated 19th April, 2008 passed by the Court of Small Causes, Pune in Special Civil Suit No. 1244 of 1995. The appellant in the first appeal are the original defendants No. 1 and 2. The appellants in the second appeal are original defendants No. 4, a proposed society through its members. The original plaintiff is respondent No. 1 in both the appeals and original defendant No. 3 is respondent No. 2. The parties will hereinafter be referred to by their original nomenclature.

(3.) One Kashinath Siddaram Petkar @ Pantnath Prabhu was the owner of the properties described at Schedule A to E to the plaint, all the properties being his self-acquired properties. He was a staunch worship-per of 'Gurudatta' and was religious/ spiritual guide to several. He died on 23rd June, 1967 at his ashram called 'Gurutvalaya'. The father of the plaintiff, Baburao is the elder brother of Pantnath Prabhu. After the death, the last rites of Pantnath Prabhu were performed by Baburao and the plaintiff.