1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL ST NO. 9230 OF 2001 Ratnakar s/o Arjun Sathe & others .. APPELLANTS VERSUS Namdeo s/o Sahadu Sathe & others .. RESPONDENTS Mr. R.K. Temkar, Advocate for the appellants. Mr. M.D. Shinde, Advocate for respondent nos. 1, 3 to 8. ===== CORAM : R. M. BORDE, J. DATE : 7 th October, 2009. PER COURT : 1 This is an appeal by original defendants raising exception to the concurrent judgments recorded by the courts below. 2 Respondents / original plaintiffs instituted Regular Civil Suit no. 305/1993 claiming partition and separate possession of the ancestral agricultural properties. According to the plaintiffs, their father Sahadu and defendant nos. 1 and 7 were the real brothers. Disputed properties belonged to the joint family consisting of 7 brothers. The lands in question were granted in favour of defendant no. 1, the same being Mahar Watan 2 Hadola lands. After demise of their father who was cultivating the property, the land was mutated in the name of Ratnakar defendant no. 1 he being the Karta of family. Defendant no. 1, however, has refused to allot share in favour of the plaintiff, as such, the instant suit is presented. 3 Defendant no. 1 resisted the suit by filing written statement. According to him, the property in question is Mahar Watan land and regranted in the name of defendant no. 1, plaintiffs can have no entitlement to the suit property. 4 Trial court after receiving evidence led by the parties recorded finding that the lands in question are the ancestral properties and as such plaintiffs are entitled to claim share in the landed property. Finding of fact recorded by the trial court came to be confirmed by the first appellate court while dealing with Regular Civil Appeal no. 243/1996 presented by the defendants / appellants herein. 5 I have perused the judgments recorded by both the courts below. It transpires on perusal of the judgment that Arjun, father of Sahadu who was father of plaintiffs as well as defendant no. 1 and 7 was in possession of the 3 landed property during his life time. Mutation entries were recorded in the name of Arjun as cultivator of the property. It is undisputed that the lands are Mahar Watan lands. On demise of Arjun the landed property was recorded in the name of Ratnakar being the elder member of the family. Occupancy price was also deposited in the name of Ratnakar defendant no. 1. Merely because occupancy price was deposited in the name of Ratnakar, does not make him entitled to claim the property exclusively. The courts below have adopted reasonable approach in the matter and have recorded finding that the property in question is the ancestral property. Findings of fact recorded by the courts below need not be interfered with while exercising powers under section 100 of the Code of Civil Procedure. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed summarily. 6 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sast9230.01.odt 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 110 OF 2004 IN SECOND APPEAL ST. NO. 9230 OF 2001 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R. M. BORDE, J. DATE : 7 th October, 2009. 1 This is an application seeking condonation of delay of 166 days occurred in presenting the second appeal. 2 Heard. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 166 days occurred in presenting the second appeal stands condoned. Civil application stands disposed of. ( R. M. BORDE, J.) dyb / office /sast9230.01.odt 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 7698 OF 2009 WITH CIVIL APPLICATION NO. ________________ IN SECOND APPEAL ST. NO. 9230 OF 2001 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R. M. BORDE, J. DATE : 7 th October, 2009. 1 These are the application for bringing on record legal heirs of deceased appellant no. 1 as well as for condonating of delay of 964 days occurred in presenting the application. Applicants / appellant nos. 2 to 6 are the legal heirs of deceased appellant no. 1, who are already on record and they are required to be shown in their capacity as legal heirs of deceased appellant no. 1 Ratnakar. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 964 days occurred in presenting the application for bringing on record legal heirs of deceased appellant no. 1 stands condoned. Applicant nos. 2 to 6 be shown as legal heirs of deceased appellant no. 1 Ratnakar. Record be 6 amended accordingly. Applications stand disposed of. ( R. M. BORDE, J.) dyb / office /sast9230.01.odt 7 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 7696 OF 2009 WITH CIVIL APPLICATION NO. ___________ IN SECOND APPEAL ST. NO. 9230 OF 2001 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R. M. BORDE, J. DATE : 7 th October, 2009. 1 These are the applications for condonation of delay of 2810 days occurred in presenting the application for bringing on record legal heirs of deceased respondent no. 2 as well as for bringing on record legal heirs of deceased respondent no. 2. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 2810 days occurred in presenting the application stands condoned. Legal heirs of deceased respondent no. 2 are permitted to be brought on record. Record be amended accordingly. Civil applications stand disposed of. ( R. M. BORDE, J.) dyb / office /sast9230.01.odt