LAWS(SC)-2007-4-132

USHA BALASHAHEB SWAMI Vs. KIRAN APPASO SWAMI

Decided On April 18, 2007
USHA BALASHAHEB SWAMI Appellant
V/S
KIRAN APPASO SWAMI Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 3rd October 2005 of the High Court of Judicature at Bombay in Writ Petition No 2390 of 2005 whereby the order passed by the Civil Judge, Senior Division, Kolhapur in Special Civil Suit No. 503 of 1996 was set aside.

(3.) The plaintiff, who is the respondent no. 1 in the present appeal, (hereinafter called the "plaintiff") has instituted a suit for partition and separate possession of the suit properties as fully described in Para 1 of the plaint on the allegations stated in brief as follows :-