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2021 Supreme(Kar) 673

SACHIN SHANKAR MAGADUM
Sanjaysinh @ Murarao S/o Pratapsinh Shindhe – Appellant
Versus
Jaysingrao S/o Vijaysing Ghatge – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K L Patil And Sri.S.S.Beturmath, Advs.

ORDER :

The captioned writ petition is filed by the defendant No.3 questioning the order passed by the learned Judge on IA No.8 filed under Order 14, Rule 5 R/W Section 151 of CPC.

2. The facts leading to the case are as under:

    The respondent Nos.1 to 3 have filed a suit for partition and separate possession in OS No.4/2013. Respondent Nos.1 to 3/plaintiffs have specifically contended contend in the plaint that suit schedule properties are joint family ancestral properties. It is also stated at para2 of the plaint that 4th respondent/defendant No.1 who is the father of the plaintiffs is ‘Kartha’ of the joint family and there is no partition in the joint family ancestral properties. At Para No.3 of the plaint, respondent Nos.1 to 3/plaintiffs have alleged that respondent No.5/second defendant returned to his native in the month of September 2002 and when they were looking for a bride to perform the marriage of second defendant, they enquired about the properties of the Family of the groom and this compelled respondents/plaintiffs to verify the records and to their utter shock, they found that one property is standing in the name of 4th respondent/defendant No.1 and other two lands were

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