LAWS(BOM)-2012-1-35

SHESHRAO YADAVRAO PATIL Vs. WAMANRAO YADHAVRAO PATIL

Decided On January 10, 2012
SHESHRAO YADAVRAO PATIL Appellant
V/S
WAMANRAO YADHAVRAO PATIL Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties. Rule. Rule is made returnable forthwith and by consent of the parties, taken up for hearing.

(2.) This Court, by order dated 26th April, 2011, issued notices to the respondents. The said order indicates that the matter would be finally disposed of at admission stage. In pursuant to the said order and the order dated 16th December, 2011, the writ petition is finally heard. The Counsel for the petitioners submits that on 9th March, 2010, the petitioners filed the suit for declaration of ownership and perpetual injunction. The trial Court issued summons for settlement of issues. On 18th March, 2010, the suit summons were served on the respondents. On 22nd March, 2010, the respondents appeared in the suit and filed application below Exh.37 seeking time to file written statement. The trial Court allowed the application and granted time till 8th April, 2010. On 8th April, 2010, the respondents again filed application below Exh.38 seeking time to file written statement. The trial Court allowed the application and granted time to file WS till 19th April, 2010. On 19th April, 2010, once again respondents filed application below Exh.39 seeking further time to file WS. The said application was rejected by the trial Court. ON 28th April, 2010, the respondents filed application below Exh. 40 u/s 11 of the Code of Civil Procedure for rejection of the suit on the ground of res judicata. The trial Court rejected the application on 19th July, 2010. On 10th August, 2010, the respondents filed an application below Exh.44 u/s 10 of the C.P.C. to stay the suit. However, the said application came to be rejected by order dated 4th December, 2010. The petitioners, who are original plaintiffs, filed affidavit in lieu of examination-in-chief of petitioner no.1. On 23rd December, 2010, the respondents filed 'evidence close purshis.' On 23rd December, 2010, the respondents filed 'evidence close purshis' On 2nd February, 2010 the respondents cross-examined the P.W.1. On 10th February, 2011, the petitioners filed affidavit in lieu of examination-in-chief of Sudhakar, Madhukar, Harischandra, Dagdu, Janardhan. On 15th February, 2011, the pettiners filed affidavit in lieu of examinationin-chief of Sanjiv and Sudesh. The petitioners' witnesses were examined by the respondents. On 21st February, 2011, the petitioners filed 'evidence close purshis'.

(3.) On 3rd March, 2011, the respondents filed application below Exh.64 for setting aside 'No W.S.' order and further for taking written statement on record. The petitioners herein filed say and resisted the application. By order dated 10th March, 2011, the learned Joint C.J.S.D. allowed the application below Exh. 64 subject to payment of costs of Rs. 500/-.