LAXMIPATIRAO SHRINIVAS DESHPANDE Vs. VENKATESH TIRMAL DESHPANDE

JUDGEMENT

(1.) It is necessary in this case to state briefly the facts out of which the present second appeal arises.

(2.) One Venkappa had four sons, Melgirappa, Konappa, Ramappa and Gurappa. These four brothers were divided many years ago. Ramappa, the third Son of Venkappa, had a son Hanmappa; and the fourth son Gurappa had two sons, one of whom was Kristappa. Kristappa had two sons Lakshmipati-rao and Hanmappa. This Hanmappa was adopted by Ramappa s son Hanmappa. He (the adopted son of Hanmappa) had a son Shriniwasrao and two daughters by his first wife Gangabai and one daughter by his second wife also named Gangabai. Lakshmipatirao had no male issue and is said to have taken Shriniwasrao in adoption in the year in 1846. It is the adoption of Shriniwasrao that is in dispute in this litigation. Lakshmipatirao died in 1846 leaving a widow Lakshmibai and the boy Shriniwasrao. Hanmappa, the natural father of Shriniwasrao, died in 1852, leaving a young widow Gangabai (his second wife) and three daughters. His first wife had predeceased him. The surviving widow Gangabai died in 1898.

(3.) The plaintiff Timappa, who is a great-grandson of Konappa, the second son of Venkappa, filed the present suit in 1902 as a reversioner claiming Hanmappa s estate after Gangabai s death. He joined all the members of the four branches of the family of Venkappa including Hanmappa s daughters and their sons as defendants.