ASHOK ATMARAM SHIRE Vs. BHAVANA SACHIN KAORE

JUDGEMENT

(1.) The petitioners are the defendants in Regular Civil Suit 10/2017 which is instituted by the respondent - plaintiff seeking decree of declaration, partition and separate possession. The suit property is described in paragraph 2 of the plaint as agricultural field situated at Mouza Wadgaon Road, District Yavatmal.

(2.) Defendants 1 to 3 filed their written statement denying the claim of the plaintiff in its entirety. The defendants 1 and 2 claim to have received the suit property in partition dtd. 23/12/1986. As an alternative plea, the defendants 1 and 2 claimed that after the plaintiff married contrary to the wishes of the family, she relinquished her share and interest in the suit property in July, 2004. Defendant 4 who is the mother of the plaintiff took an additional plea which is that her husband - defendant 1 Ashok received certain additional properties in the partition dtd. 23/12/1986, and since the plaintiff has not claimed any share or interest in the additional property in the name of her father defendant 1 Ashok, the suit seeks only a partial partition, and is therefore, not tenable in law.

(3.) The learned trial Judge framed issues on 26/2/2018 which are reproduced below: