1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 611 OF 2006 Narayan Wana Wankhede (Deceased through his LRs) Durgabai Naray Wankhede and others .. .. Appellants Versus Dhana Wana Wankhede and others .. .. Respondents Shri M. R. Sonwane, Advocate for the Appellants. Shri P. B. Patel, Advocate for the Respondent No. 2 and 4. The respondents No. 1, 5 and 6 dismissed. CORAM : K. U. CHANDIWAL, J. DATE : 27TH APRIL, 2010. ORAL ORDER : . Heard learned counsel for respective parties. 2 2. The plaintiff canvased that deceased Wana Dharma exclusive owner and possessor of the suit properties was married to Geetabai and the plaintiff and defendant No. 6 are the issues born to deceased Wana Dharma from Geetabai. After death of Geetabai, Wana Dharma remarried with Tulsabai. The defendant No. 1 and 4 are the children of deceased Wana Dharma from his second wife Tulsabai, while defendant No. 3 and 4 are the sons of defendant No. 1. 3. The admitted fact is Wana Dharma died on 19.11.1945. The birth extract of plaintiff at Exhibit 71 shows he was born on 06.02.1927. The courts found on analysis of Exhibit 71 that it is shrouded with clouds and doubts, as there is apparent manipulation to the name of father as Wana Dharma is subsequently added to earlier name. The plaintiff could not dispel doubts surrounding Exhibit 71 which aborted plaintiffs admission to be a son of Wana Dharma. The plaintiff did not adduce any other evidence collateral to take as son of Wana Dharma born from Geetabai. The Courts having analysed the evidence, crystallized the fact reached to reasonable conclusion of failure on the part of plaintiff to assert the rights in tune with the document and the document at Exhibit 71 is sole piece could 3 not be accelerated to the logical end. The second appeal sans merit, it is dismissed, no costs. [K. U. CHANDIWAL, J.] bsb/April 10