1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. SECOND APPEAL NO.492 OF 2006 WITH CIVIL APPLICATION NO.7014 OF 2005. Padmakar S/o Rajaram Kulkarni @ Padmakar S/o Dattatraya Kulkarni ... Appellant. Versus Sau.Usha Janardhan Deshmukh since deceasded through L.Rs. Janardhan S/o Shyamrao Deshmukh and others ... Respondents. ... Mr.S.B.Talekar, advocate for the appellant. Mr.C.V.Korhalkar, advocate for Respondent Nos.1A and 1C to 1E. ... CORAM : S.V.GANGAPURWALA,J. Date : 06.09.2010. PER COURT 1. The original defendant No.1 assails the 2 concurrent judgment and decree passed by the Courts below granting 1/3rd share to the plaintiff, the defendant No.1 and defendant No.2. The plaintiff had instituted the suit for partition and separate possession of the suit properties on the ground that the suit properties were owned by Gangubai, the mother of the plaintiff and defendant Nos.1 and 2. Said Gangubai died intestate and as such the parties inherit the property in equal shares. Both the Courts have accepted the contention of the plaintiff. 2. Mr.Talekar, learned counsel for the appellant contends that the purpose of adoption was that defendant No.1 should get all the rights of the natural son and even the conduct showed that the plaintiff and the defendant No.2 had relinquished the rights in the property and it is only the son-in-law who is interested in the property and has approached this Court. 3. The theory of relinquishment has not been pleaded before the Courts below nor it is 3 anybody's case as such the concept of relinquishment would not be applicable in the present case. 4. The defendant No.1 admittedly is the adopted son and the property being the absolute property of Gangubai, the defendant No.1 would be entitled to the share in the property as that of the natural son. At the same time, the daughters also have a right in the said property. In view of Section 15 of the Hindu Succession Act, the property will devolve upon the sons and daughters equally. In light of above, no error can be found in the judgments of the Courts below. The Second Appeal being sans substantial question of law, is dismissed with no order as to costs. 5. In view of dismissal of Second Appeal, the Civil Application does not survive and as such it is disposed of accordingly. (S.V.GANGAPURWALA,J.) asp/office/sa492.06 4