SHRI NIVRUTTI PANDURANG NALE vs SHRI UTTAM GANU NALE AND OTHERS

Judgment text excerpt

901.13.94 sa.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 13 OF 1994 Nivritti Pandurang Nale Age 44 years, Occupation: Agriculture, Resident of Vidani, Taluka Phaltan, District: Satara .....Appellant Vs. 1. Uttam Ganu Nale Age 42 years 2. Kantilal Ganu Nale Since Decd. Thr. LRS 2A Samita Kantilal Nale 2BYavlesh Kantilal Nale 2C Baye Kantilal Nale All: adult, All R/o At post: Vidani, Taluka: Phaltan, District: Satara .....Respondents Mr. V. S. Talkute Advocate for the Appellant Mr. Ajit Kenjale a/w Mr. Suraj Bansode, Mr. Sohil Gulabani and Mr. Kaustubh Kandpile for the respondents CORAM : GAURI GODSE, J. RESERVED ON : 12th DECEMBER 2024 PRONOUNCED ON: 8th APRIL 2025 JUDGMENT: 1. This appeal is preferred by defendant no. 2 to challenge the 1/32 901.13.94 sa.docx judgment and decree passed by the first Appellate Court allowing the plaintiffs’ appeal. The trial court had dismissed the suit for partition and separate possession. However, in an appeal preferred by the plaintiffs, the suit is decreed against defendant no. 2, thereby declaring that plaintiff nos. 1 to 3 and defendant no. 2 have 1/4 th share each in the suit property. Hence, this appeal by defendant no. 2. 2. The second appeal is admitted vide order date 21 st February 1994 on the following substantial questions of law: “(1) Whether Defendant no. 2 was the adopted son of Pandurang? (2) What is the legal effect of writing of adoption dated 18th July 1985 Exhibit 62 executed by the adoptive mother? (3) Whether the finding of the First Appellate Court to the effect that the defendant no. 2 was not the adopted son of Pandurang is perverse?” Basic facts: 3. The parties are Gopala's heirs and legal representatives. Gopala had two sons, Ganu, who died on 25th Decem