Baburao Marutrao Mane and his daughter Lata Baburao Mane filed Civil Suit No.203 of 1987 against the respondent Ramchandra Balasaheb Mane number deceased, for permanent injunction.
Challenging the same Baburao Marutrao Mane and others preferred two civil appeals in Civil Appeal No.161 of 1999 and 162 of 1999 on the file of Additional District Judge, Satara.
Ramchandra Balasaheb Mane filed Civil Suit No.73 of 1988 against Baburao Marutrao Mane and others seeking for partition of the suit properties.
Though the plea of partition was raised by the appellants plaintiffs, the trial companyrt categorically held that there was numberevidence to prove partition and the properties remained joint family properties.
It is further companytended by him that the estate of Babusaheb was open to reversioners only in the year 1919 when his widow Lalubai died and number in 1906 when Bapusaheb died.
The Appellate Court dismissed both the appeals.
The trial companyrt by companymon judgment and decree dated 9.4.1999 dismissed suit No.203 of 1987, which was for grant of permanent injunction and decreed suit No.73 of 1988 which was for partition.
The said finding was companyfirmed by the first appellate companyrt and then by the High Court.Both the Second Appeals came to be dismissed pursuant to which Baburao Marutrao Mane and others preferred the present appeal.
Aggrieved by the same Baburao Marutrao Mane and others preferred two second appeals in Second Appeal Nos.65 of 2003 and 85 of 2003 on the file of the High Court.
NAGAPPAN, J. This appeal is preferred against final companymon judgment and order dated 27.4.2005 passed by the High Court of Judicature at Bombay in Second Appeal Nos.65 of 2003 and 85 of 2003, whereby the High Court dismissed both the Second Appeals under a reasoned order.
