Shri. Baban Dadabhau Vishwasrao v. Sau. Kausalya Baban Vishwasrao And ORS.

ppn 1 31.wp-333.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.333 OF 2016 Baban Dadabhau Vishwasrao .. Petitioner Vs.

Sau.Kausalya Baban Vishwasrao & Ors.

.. Respondents --- Ms.Gauri Jadhav i/by Mr.Tushar Jadhav for the petitioner. None for the respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 10th September 2018 P.C.:

.

By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 20th February 2015 passed by the 23rd Joint Civil Judge, Junior Division, Ghodegaon thereby allowing the application for impleadment of the respondent nos.1 and 2. The suit is filed by the petitioner (original plaintiff) inter alia praying for partition of the suit property. The respondent no.1 claims to be the wife of the petitioner. The respondent no.2 is the daughter of the petitioner.

2.

The order dated 20th February 2015 has been impugned on the ground that there was divorce between the petitioner and the respondent no.1 before the Lok Adalat. The petitioner does not dispute the right of the respondent no.2 for impleadment being the daughter of the petitioner.

3.

I have perused the records and the findings rendered in the impugned order. I do not find any infirmity in the impugned order dated

ppn 2 31.wp-333.16.doc 20th February 2015 passed by the learned trial Judge. The issue as to whether the respondent nos.1 and 2 would be entitled to any share in the property or not will be decided by the learned trial Judge on its own merit. No case is thus made out for interference with the impugned order dated 20th February 2015 passed by the learned trial Judge. Writ petition is devoid of merit and is accordingly dismissed. No order as to costs. R.D. DHANUKA, J.