SUNIL Vs. SADASHIV

JUDGEMENT

(1.) This petition, filed under Articles 226 and 227 of the Constitution of India, challenges order dtd. 07/02/2020, passed by learned Joint Civil Judge, Junior Division, Rahata, below Exhibit-15 in Regular Civil Suit No.438/2019, thereby allowing application filed by respondent Nos. 1 to 4.

(2.) Respondent No.5 herein executed sale deed in favour of respondent Nos. 1 to 4, on 28/09/1995, in respect of land Survey No.165/5 (Gut No.165/7), admeasuring 27R, situated at Shirdi, District Ahmednagar. Respondent No.5 is father and respondent No.6 is mother of petitioner, respondent Nos. 7 and 8 and deceased Anil. Deceased Anil, brother of petitioner and respondent Nos. 7 and 8, expired on 05/06/2005, leaving behind him his widow Smt. Vaishali and son Ashish.

(3.) Vaishali and Ashish filed Special Civil Suit No.06/2008 for partition and separate possession of the ancestral property claiming their share in property bearing Survey No.164/1+2+3+5, admeasuring 1H 17R, Survey No.165/1+2, admeasuring 92R, Survey No.165/10, admeasuring 14.25R, Survey No.27/9, admeasuring 1R and two Tractors of Hindustan Company and tanker with trolley, by arraying respondent Nos. 5, 6 and 8 and the petitioner as defendants.