Mr. Sopan Dhondiba Mane (Since Deceased Through Lrs.) v. Mr. Sahebrao Gulabrao Mane (Since Deceased Through Lrs.) And ORS.

Sherla V.

wp.7821.201_514.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7821 OF 2017 Shri Sopan Dhondiba Mane since deceased through 1A. Smt.Sushila Sopan Mane & Ors.

... Petitioners Vs.

Shri Sahebrao Gulabrao Mane since deceased through 1A. Shri Sanjay Sahebrao Mane & Ors.

... Respondents Mr.Vijay Patil i/b Yogesh Patil for the Petitioners CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JULY 19, 2017 P.C. :

1.

Not on Board. Upon urgent mentioning, taken on Production Board.

2.

This petition is directed against the order dated 24.4.2017 passed by the leaned Joint Civil Judge, Junior Division, Baramati, below exhibit 87 in Regular Civil Suit No.637 of 2012. The original plaintiff/petitioner has filed the suit for partition. The defendant had taken a plea that the partition is not required as the suit properties were already partitioned between the parties. In view of this

wp.7821.201_514.doc contention, the plaintiff/petitioner moved application below exhibit 87 that the additional issue putting burden on the defendant directing him to prove the previous partition is to be framed. However, the learned trial Judge gave reason that issue Nos.1 and 2 which were already settled on 1.12.2014, covered this proposed issue and rejected the application.

3.

The learned Counsel for the Petitioner submitted that the additional issue is required in view of the contention raised by the defendant and the order passed by the learned trial Judge is to be set aside.

4.

Perused the prayers made in the plaint; perused the issues which were settled earlier and the application for additional issue and the impugned order. The impugned order is found correct and legal and hence, it is maintained. The Writ Petition is dismissed summarily.

(MRIDULA BHATKAR, J.)