Mridula Bhatkar, J.

Rule. Rule made returnable forthwith. By consent, petition is heard finally and disposed of at the stage of admission.

2. "What's in a name? That which we call a rose by any other name would smell as sweet". This famous quote of Shakespeare in Romeo & Juliet may be true in love and literature but not in law while deciding proprietary right especially of a married Indian woman, who failed to prove her maiden name. Both the trial and appeal Courts refused to prima facie accept that Jubeda Inamdar is a daughter of Hapu @ Dau @ Aabu Hussainbhai Mulani. The said finding needs to be reversed.

3. This petition is directed against the order dated 09.06.2016 passed by the learned Ad-hoc District Judge-5, Pune in Miscellaneous Civil Application No. 213 of 2016 as well as the order dated 04.04.2016 below Exhibit 5 passed by the 9th Jt. Civil Judge, Senior Division, Pune in Special Civil Suit No. 1206 of 2015 thereby rejecting the prayer that the defendants shall not create third party right in the suit property.

4. The petitioner/the original plaintiff had filed Special Civil Suit No.1206 of 2015 for partition and declaration that an agreement of sale dated 20.06.201