LAWS(MPH)-2017-10-124

LEELA BAI W/O RAMCHANDRA (DECEASED) THROUGH LRS GOVARDHAN AND OTHERS Vs. MANORAMA BAI WD/O CHHOTELAL AND OTHERS

Decided On October 10, 2017
Leela Bai W/O Ramchandra (Deceased) Through Lrs Govardhan And Others Appellant
V/S
Manorama Bai Wd/O Chhotelal And Others Respondents

JUDGEMENT

(1.) This second appeal under Section 100 of the CPC is at the instance of the defendants challenging the reversal judgment of the first appellate court dated 10.9.1996 passed in Appeal No.27-A/1989. Trial Court by the judgment dated 4.1.1989 had dismissed the C.S. No.223-A/83 and the first appellate court while reversing the judgment had decreed the suit.

(2.) Though notice of this Second Appeal was duly served on the respondents, thereafter the LRs of the deceased respondent No.2 were also served, yet the respondents have not chosen to appear before this Court and defend their case.

(3.) Undisputed relationship between the parties is that original plaintiff Chhotelal and defendant Ramchandra are the sons of Shivaji. Sundar Bai is Shivaji's wife, whereas defendant Leela Bai is wife of Ramchandra. Since the original parties have died, therefore, parties are referred as plaintiff and defendant in the judgment.