RAGHUNATH PARBATI CHAVAN Vs. TARABAI SHANKAR CHAVAN

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard learned Counsel for the petitioner.

(2.) Notice was issued to the respondents with clear indication that the petition may be finally disposed of at the admission stage. Inspite of service, none is present for the respondents today.

(3.) The record reveals that Regular Civil Suit NO.362/1999 was filed by one Tarabai Shankar Chavan against the defendant, who is petitioner before this Court. for partition and separate possession of certain properties. The respondents made an application Exhibit 57 on 12.8.2009 to bring themselves on record as legal heirs of the plaintiff - Tarabai, who had expired on 10.7.2009 on the ground that they were close relatives and legal heirs of the deceased. The trial Court passed the order on the said application immediately and allowed the applicants to be brought on record as L.Rs. of the deceased. The petitioner/defendant filed an application Exhibit 62 on 20.8.2009 before the trial Court to review and recall that order on the ground that the application Exhibit 57 was disposed of without giving any opportunity to the defendant to file his say. It was also contended that the respondents had not disclosed their relationship with the deceased. According to the defendant, the respondents are neither relatives nor the legal heirs of the deceased plaintiff. The application Ex.62 was rejected by the trial Court on the ground that the application Ex.57 was filed within time and it was allowed and, therefore, there is no reason to review the same. The learned trial Court also noted that whether the respondents are legal heirs of the deceased plaintiff cannot be decided without trial of the matter. In view of this, the defendant has preferred the present petition.