Dattatray Sadashiv Magar v. Tanaji Sadsashiv Magar And ORS

44-wp3125-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3125 OF 2023 Dattatray Sadashiv Magar ... Petitioner V/s.

Tanaji Sadashiv Magar & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.12.06 17:52:54 +0530 ATUL GANESH KULKARNI Mr. Anilkumar K. Patil for the petitioner.

Mr. Rahul Khot i/by Mr. Vikas M. Mali for the respondents.

CORAM :AMIT BORKAR, J.

DATED :DECEMBER 6, 2023 P.C.:

1.

The petitioner/original plaintiff in a suit for partition is challenging order passed by the Trial Court refusing to recast issue casting burden on the plaintiff to prove suit property to be joint family property.

2.

The Trial Court observed that in a suit for partition, initial burden is always on the plaintiff to prove existence of sufficient nucleus. Thereafter it will be for the defendant to prove selfacquisition of the property. Based on such observation, the Trial Court refused to recast issue which casts burden on the plaintiff to prove nature of the suit property and joint family property. 3.

Considering the position of law referred by the Trial Court, in my opinion, no interference in the impugned order is called for.

44-wp3125-2023.doc 4.

The writ petition accordingly stands dismissed. No costs. (AMIT BORKAR, J.)