prove joint family nucleus but to prove the factum of existence of joint family nucleus. Excepting making a bare contention that the property is a joint family property, no evidence whatsoever, has been adduced. That apart, it is also relevant to note that the suit was decreed by the trial Court and the appeals filed against the said judgment and decree has also been confirmed as early as on 28.04.2015 in the second appeal. If really, the parties have any share in the property, nothing prevented them from establishing their right by filing a partition suit all these years. No such attempt, whatsoever, has been made. Further the so called agreement entered between the joint family members has not been challenged by the members of the joint family. It is not the case of the petitioner that they were minors at the relevant point of time. Even assuming that there is a joint family property, the petitioner father being the Kartha, he entitled to deal with the property for legal necessity. As long as the agreement has not been challenged all these years, just filing an application under section 47 of Code of Procedure to establish their right which has already been lost by operation of law and decree of the Court, this Court is of the view that the application is nothing but devoid of merits.
