BRIJALAL Vs. INDUBAI BRIJALAL PATIL

JUDGEMENT

(1.) HEARD Mr. Ajay Magre , learned Advocate instructed by Mr. R. B. Raghuwanshi , learned Advocate for the petitioner.

(2.) THE petitioner, Brijalal s/o. Ananada Patil , who is the husband of respondent no.1, Indubai , and father of respondent no.2, Pratibha , has approached this Court by way of filing the present Writ Petition, being aggrieved by the order dated 21 2 2001, passed by the Civil Judge (Senior Division), Dhule , in Special Civil Suit No.85/1999, on application Exhibit 19. The impugned order is passed by the learned Civil Judge (Senior Division), Dhule , whereby the application made by the petitioner (Defendant in Special Civil Suit No.85/1999) for stay of the suit under Section 10 of the Code of Civil Procedure, 1908, came to be rejected.

(3.) SPECIAL Civil Suit No.61/1996 came to be filed by the present respondents, namely, Indubai Patil and Pratibha Patil , in the Court of Civil Judge (Senior Division), Dhule , against five defendants, namely, Subhash s/o. Ananda Patil ; Brijlal s/o. Ananda Patil ; Murlidhar s/o. Ananda Patil ; Pandit s/o. Ananda Patil ; and Dropadabai w/o. Ananda Patil . Subsequently, it appears that the name of defendant no.5, Dropadabai w/o. Ananda Patil was deleted. Defendant no.2, Brijlal is the brother of defendant nos.1, 3 and 4, and father of the plaintiff Pratibha , and husband of plaintiff no.2 Indubai . This suit was filed by the plaintiffs for declaration to the following effect: