Laxman had three sons Gangadhar aged 4 years 5 months Dattatraya aged 2 years 5 months and Manohar aged 9 months at the time of his adoption.
On 20th October, 1996, Gangadhar, one of the sons of Laxman and Padmavati, died.
Laxman died on 10th January, 1987.
After adoption, Laxman and his wife Padmavati joined the family of Saraswati along with their 3 sons.
In a suit by Kalindi, the daughter born to Laxman and Padmavati, she had taken a plea that the sons born before adoption have numberright, title or interest in the properties left behind by Laxman and she being a daughter born to Laxman after his adoption would inherit the entire property along with Padmavati, her mother.
This suit was decreed on 13 th November, 2004.
The main companytest of the parties was on the question as to whether the three sons of Laxman born before adoption in 1935, namely, Gangadhar, Dattatraya and Manohar are entitled to inherit the property in adoptive family of Laxman after his death.
The matter was taken at various stages thereafter.
It was in the year 1938, daughter Kalindi was born to Laxman and Padmavati.
The natural father of Laxman, Pandurang effected partition in respect of his joint family property on 30 th December, 1948 wherein Laxman was excluded from any share as he had gone in adoption to Saraswati.
Aggrieved, Manohar had filed the writ petition.
Saraswati had predeceased Laxman.
Padmavati, wife of Laxman, died on 10 th October, 1992 leaving a registered Will dated 21st May, 1987 in which she had bequeathed her share to her 3 sons which were born prior to the date of adoption.
The mutation was entered on 11th March, 1987.
Thereafter, Dattatraya, the second son filed a suit for partition, separate possession and mesne profit against forcible possession by Kalindi.
After the death of Laxman, his daughter Kalindi applied for effecting the change in the village revenue record for inclusion of her mother Padmavati and herself as owners.
After the death of Saraswati, Laxman inherited the property of Saraswati which is the subject matter of the present appeals.
The revision filed by Manohar, son of Laxman, was dismissed on 8th September, 1992.
HEMANT GUPTA, J. The present appeals arise out of an order passed by the learned Single Bench of the High Court of Judicature at Bombay on 11 th December, 2006 deciding writ petition disputing the orders passed by the Revenue Authorities excluding the names of the sons of Laxman natural born son of Pandurang, on the ground that they have numberright, title or interest in relation to suit property as they were born prior to the date of adoption of Laxman.
