Anant Naradrao Pore v. Vaijinath Naradrao Pore And Anothers

cra222-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 222 OF 2014 (Anant Naradrao Pore Vs. Vaijinath Naradrao Pore and another) ---- Mr. Sunil B. Kakde, Advocate for the petitioner ---- CORAM : M.T. JOSHI, J.

DATE : 31/03/2015 ORAL ORDER :

1.

Heard learned counsel for the petitioner.

2.

The present petitioner, who was the plaintiff, wanted that the counter claim of the respondent i.e. his brother, under which he claimed that the suit property is a joint family property, should be rejected. 3.

It should, however, be noted that the application does not speak about any ingredients of the provisions of Order-VII Rule-11 of the Code of Civil Procedure. All the facts those are pleaded in the application are required to be enquired into on merit. Therefore, though the reasoning of the learned Civil Judge Junior Division regarding partition and joining of necessary parties, were not required to be made,

cra222-2014 ultimately the application was rightly dismissed. I do not find any illegality in the impugned order. The present revision application is, therefore, dismissed. [M.T. JOSHI] JUDGE npj/cra222-2014