RAMCHANDRA BABAJI THALI Vs. BHASKAR BABAJI THALI

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The above Petition takes exception to the Order dated 5/10/2010 passed by the learned Joint Civil Judge, Junior Division, Uran by which order, the Application filed by the Petitioners herein who are the original Defendants in Regular Civil Suit No.61 of 2006 came to be allowed, and the following directions were issued :

(3.) It is not necessary to burden this order with unnecessary facts. Suffice it to say that the said suit has been filed by the Plaintiff claiming his share in the plots allotted by the CIDCO at villages Chanaje and Bokadwira in lieu of the acquisition of the land of the Petitioners' joint family for setting up a new township of Navi Mumbai by CIDCO. The averments relating to the acquisition of the land for CIDCO and the allotment of the plots of land and other benefits are found in Para 1 and 4 of the Plaint. The prayer in the suit is to the effect that the Plaintiff's share in the plots of land allotted by the CIDCO under the 12.5 scheme i.e. Plot No.36 admeasuring 773 sq.mtrs at Nagaon, and plot admeasuring 2950 at village Chanaje Bokadwira should be partitioned and handed over to the Plaintiffs. Substratum of the reliefs claimed in the suit is therefore founded on the acquisition of the joint family properties by the CIDCO and the allotment of lands in lieu thereof by the acquiring body to the joint family.