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2023 Supreme(Bom) 1022

SHARMILA U. DESHMUKH
Prakash Raju Rokade (bari) – Appellant
Versus
Raju Suka Rokade (Bari) – Respondent


Advocates appeared:
Pushkar S. Shendurnikar, Advocate, S. N. Tripathi, Advocate

JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule is made returnable forthwith. With the consent of parties taken up for final hearing.

2. The challenge in the present petition is to the judgment and order dated 03rd April, 2019 passed in Regular Civil Appeal No. 204 of 2011 thereby rejecting petitioner's application filed under Order VI Rule 17 read with Order I Rule 10 of the Code of Civil Procedure, 1908 (for short 'Code') for impleading his step sisters at the appellate stage.

3. Facts of the case are as under :

The petitioner had instituted R.C.S. No. 325 of 2005 before the Civil Judge Junior Division, Jalgaon seeking partition and separate possession of the ancestral property and also for a declaration that the sale deed executed by the respondent No. 1 in favour of the respondent No. 2 is not binding on the share of the petitioner. The trial court framed fourteen issues which have been reproduced as under :

    1. Does plaintiff prove that plaintiff and defendant Nos. 1 to 4 consists of Hindu joint family ?

2. Whether suit properties are properly described ?

3. Whether suit is bad in law ?

4. Whether plaintiff has paid proper court fees stamps, if not what are its effect ?

5. Whether the su

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