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HIGH COURT OF BOMBAY
HON'BLE SMT. JUSTICE DR. SHALINI PHANSALKAR-JOSHI
SHRI SARJERAO DHONDIBA SARODE AND ORS – Appellant
Versus
SMT KAMAL KERUBHAU PACHANGE AND ORS – Respondent
CRA/637/2016
2018:BHC-AS:7880 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.637 OF 2016 1. Shri. Sarjerao Dhondiba Sarode ]
age: 48 years, Occn. Agriculturist ]
]
2. Shri.Ramdas Dhondiba Sarode ]
age: 34 years, Occn. Agriculturist ]
]
3. Smt. Sarsabai Dhondiba Sarode, ]
age: 61 years, Occn. Housewife. ]
]
Nos. 1 to 3 r/at Saradwadi, Tal.Shirur ] Petitioners District: Pune ] Original ] Defendant
4. Smt. Asha Namdev Durge ] Nos age: 55 years, Occn.Household ] 1 to 6.
r/at Red New Colony, Ghodnadi, ] Tal. Shirur, District: pune ]
]
5. Smt. Mangal Raosaheb Shinde ]
age: 36 years, Occn. Household ] r/at Borhade Mala ] Tal.Shirur, District: Pune ]
]
6.Smt. Sunita Ramdas Choudhary ]
age: 30 years Occ. Household ] r/at Kohakadi, Tal.Parner ] District : Ahmednagar ]
V/s.
1. Smt. Kamal Kerubhau Pachange ]
age: 54 yrs. Occn.Household, ]
r/at and Post Dhokasangavi ] Respondent Tal. Shirur, District: Pune ] Nos. 1 & 2 ] Original
2. Smt. Suman Sureshrao Gaikwad ] Plaintiffs.
age: 50 years, Occn. Household ] r/at & post Shirur, Revenue Colony, ] Tal. Shirur, District: Pune. ]
]
3.Smt. Changunabai Thakaji Nimonkar ]
age: 62 yrs, Occn.Household ] r/at Ganji Bhoyare, Tal., Parner ] District: Ahmednagar ]
]
4. Shri. Vitthal Maruti Sarode, ]
age: 72 years, Occn.Agriculturist ]
]
5. Shri.Kundalik Maruti Sarote ]
age: 70 years, Occn. Agriculturist ]
]
6. Shri.Dnyandev Maruti Sarode ]
age: 67 years, occn. Retired Bank Officer ]
]
7. Shri. Bhaskar Maruti Sarode ]
age: 62 years, Occn.Agriculturist ]
]
8. Shri.Mahadev Maruti Sarode, ]
age: 69 years, Occn.Agriculturist ] Respondents.
] Nos. 3 to 18
9. Shri.Narayan Maruti Sarote ] Original age: 57 years, Occn.Medical Practitioner ] Defendant ] Nos.
10. Shri.Pandurang Bhaguji Sarode ] 7 to 22 age: 72 years, Occn.Agriculturist ]
]
11. Shri.Kisan Bhaguji Sarode ]
age: 70 years, Occn. Agriculturist ]
]
12. Shri.Nivrutti Bhaguji Sarode ]
age: 77 years, Occn. Agriculturist ]
]
13. Shri.Sopan Dinkar Sarode ]
age: 48 years, Occn. Agriculturist ]
]
14. Shri. Vilas Dinkar Sarode ]
age: 47 years, Occn. Agriculturist ]
]
15. Shri.Sunil Dinkar Sarode ]
age: 44 years, Occn. Agriculturist ]
]
16. Smt. Krishnabi Dinkar Sarode ]
age: 68 years, Occn.Household ]
]
17. Shri. Manik Vitthal Sarode ]
age: 50 years, Occn. Agriculturist ]
]
18. Shri.Tukaram Kundalik Sarode ]
age: 50 years, Occn.Agriculturist ]
]
all are residing at: Saradwai, Tal.Shirur ] District: Pune. ]
Mr. Prathmesh B. Bhargude, for the Petitioners.
Mr. A. V. Borwankar, for the Respondent Nos. 1 & 2 Mr. Kaustubh N. Marathe, for respondent Nos. 4 to 9.
Mr. Mandar Soman, for respondent Nos. 17 and 18.
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.
CLOSED FOR ORDER ON : 5st MARCH, 2018.
JUDGMENT PRONOUNCED ON : 14th MARCH 2018.
JUDGMENT
1] Heard learned counsel for the petitioners and learned counsel for the respondents.
2] Rule.
3] Rule is made returnable forthwith with the consent of learned counsel for both the parties and the Revision Application is taken up for final hearing.
4] This Revision Application, filed under Section 115 of Code of Civil Procedure, takes an exception to the order dated 1.8.2016, passed by the 5th Additional Judge, Small Causes Court, Pune below Exh. 25 in Special Civil Suit No.1196 of 2014.
5] The petitioners herein are the original defendant Nos. 1 to 6. Application at Exh.25 was filed by them under Order VII Rule 11(a) and (d) of Code of Civil Procedure, on the ground that the suit does not disclose the cause of action and the suit is apparently barred by the principle of res-judicata under Section 11 of Code of Civil Procedure. The trial Court, however, after hearing, learned counsel for both the parties, was pleased to reject the said application and hence the instant Revision Application, to set aside the said order.
6] Facts of the litigation are to the effect that, respondent Nos. 1 & 2, have filed this suit before the trial Court for partition and separate possession of their share in the ancestral joint family properties. They are the daughters of original defendant
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