Bapurao Shivaji Suryawanshi Died ... vs Shankar Shivaji Shahu ...
2022 Latest Caselaw 2789 Bom

                                       1                      SA / 156 / 2022



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      934 SECOND APPEAL NO.156 OF 2022
                       WITH CA/4122/2022 IN SA/156/2022

          BAPURAO SHIVAJI SURYAWANSHI DIED THROUGH LRS.
              KONDABAI PAURAO SURYAWANSHI AND ORS.
                             VERSUS
           SHANKAR SHIVAJI SHAHU SURYAWANSHI AND ORS.

                                        ...
                    Advocate for Appellants : Mr. Bagal Suraj R.
                                        ...

                                CORAM      : MANGESH S. PATIL, J.

                                DATE       : 22 MARCH 2022

PC :

               Heard.

2. This is an appeal by the original defendants being

aggrieved and dis-satisfied by the judgment and decree passed by the

trial court in suit filed by the respondent no. 1 claiming to be the

legitimate son of his father - Shivaji. The decision has been confirmed

by the lower appellate court in the form of dismissal of the appellants'

appeal.

3. Ex facie, it appears that, the appellants were seriously

disputing that the respondent Shankar's mother Sakhubai was the

legally wedded wife of Shivaji. Still, not only the trial court but even the

lower appellate court seems to have cast burden to prove this fact on

the appellants when it should have been the other way round.

2 SA / 156 / 2022

4. Issue notice before admission returnable on 04-05-2022.

5. Till the next date, the execution may go on except the

actual delivery of possession.

[ MANGESH S. PATIL ] JUDGE

arp/