Bombay High CourtWP/11937/2019disposed offdismissed for default

Madhukar Eknath Katampalle v. Bhanudas Eknath Katampalle And Another

2019-09-27Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11937 OF 2019 MADHUKAR EKNATH KATAMPALLE

VERSUS

BHANUDAS EKNATH KATAMPALLE AND ANOTHER ...

Advocate for the Petitioner : Shri Adgaonkar Ravibhushan P. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 27th September, 2019 Per Court:

The petitioner, who is the original defendant no.1 in RCS No.79/2017, is aggrieved by the impugned order dated 13.06.2019 passed by the Trial Court vide which the application exhibit 43 filed by the petitioner seeking recasting of issues, has been rejected. The learned advocate for the petitioner has strenuously criticized the impugned order and submits that any plaintiff, who seeks partition and separate possession in a suit, has to first prove that the suit property is a joint family ancestral property. It is only the ancestral properties that can be put in a common hotchpotch and the self acquired property cannot be a subject matter of the suit. I find from the written statement filed by the petitioner that on the one hand, he has bluntly denied all the pleadings of the plaintiff

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In view of the above, I do not find that the impugned order passed by the Trial Court could be termed as being perverse or erroneous. This Writ Petition being devoid of merit is, therefore, dismissed.

kps (RAVINDRA V. GHUGE, J.)