VARSHA ASHOK KHOPADE Vs. PRAMILABAI DATTATRAYA LINGRAS

JUDGEMENT

(1.) By this appeal filed under Section 100 of the Code of Civil Procedure, 1908, the Plaintiff (original Petitioner) has impugned the judgment and decree dated 2nd May, 2014 passed by the learned Trial Judge, dismissing the suit filed by the Plaintiff inter-alia praying for partition and separate possession of the property bearing City Survey No. 1748 K/1, situated at 'E' Ward, Rajarampuri, 5 th Lane in Kolhapur city and also impugning the judgment and decree dated 7th December, 2018 passed by the learned Ad-hoc District Judge-1, Kolhapur, dismissing the appeal filed by the Plaintiff. Some of the relevant facts for the purpose of deciding this appeal, are as under:-

(2.) The parties in this judgment are described as per their original status before the Trial Court. The Defendant no.1 is widow of the Mr. Dattatraya Lingras and mother of Defendant nos. 2 to 4, who are her sons and the Plaintiff, Defendant nos. 5, 6 and 7 are the daughters of the Defendant no.1. Defendant Nos. 8 to 11 are the legal heirs of the said Savita, who was one of the daughter of the said Mr. Dattatraya Lingras. It was the case of the Plaintiff that the suit property was an ancestral property coming to the share of the said Mr. Dattatraya Lingras. The said Mr. Dattatraya Lingras died on 10th May, 1971. The Plaintiff was married on 4th July, 1984. Defendant No. 2 to 4, 6 and 7 were married after the death of the father.

(3.) It was the case of the Plaintiff that the Plaintiff and all the Defendants were using the suit property being joint family property. Till the marriage of the daughters of the said Mr. Dattatraya Lingras, all daughters were residing in the suit property. There was no partition of the suit property. It was the case of the Plaintiff that after the death of the father Mr. Dattatraya Lingras, the Plaintiff and Defendant no.1 to 8 and Defendant no.9 to 11 collectively, each have 1/9th share in the suit property.