Smt. Gunabai Vilas Beldar v. Shri. Rajendra Shivaji Bhusnar And ORS.

9.2545.19-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2545/2019 Gunabai Vilas Beldar ... Petitioner V/s.

Rajendra Shivaji Busnar & Ors.

... Respondents Mr. Narendra C. Walimbe for the Petitioner Mr. Ashok B. Tajane for the Respondents

CORAM:

K.K. TATED, J.

DATED :

MARCH 7, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 12.11.2018 passed by the Jt. Civil Judge, Senior Division, Pandharpur below Exhibit- 23 in Special Civil Suit No. 30/2018 allowing the Application made by Respondent No.7 under order 1 rule 10 of the Code of Civil Procedure, 1908. The lower court has observed that Respondent No.1, being a Class-I heir, she is entitled to be a party in Special Civil Suit No. 30/2018 which is for partition, re-conveyance and separate possession.

There is no dispute that Respondent No.7 is a Class-I heir. Hence, I do not find any substance in the Writ Petition. Same stands rejected.

Basavraj G. Patil 1/2

9.2545.19-wp.doc All contentions of the parties before the Trial Court are kept open.

(K. K. TATED, J.) Basavraj G. Patil 2/2