MADHURIBAI MOHAN WALKE Vs. ANNAPURNABAI KESHAO WALKE

JUDGEMENT

(1.) HEARD. Rule. By consent, Rule made returnable forthwith.

(2.) THE petitioners challenge the order dated 26-7-2002 passed by the trial court rejecting the application filed by the petitioners under Order 7, Rule 11 of Civil Procedure Code.

(3.) THE contention of the petitioners is that the application filed by the respondents under section 372 of Indian Succession Act in the Court of Civil judge, Senior Division, Yavatmal is not maintainable in view of the fact that the pleadings in the plaint apparently disclose that the deceased Mohan s/o keshaorao Walke at the time of his death was the resident of Gadchiroli which is a separate district from Yavatmal. The contention is sought to be disputed by the respondent on the basis that paragraph No. 1 of the plaint/application discloses that the deceased Mohan was ordinary resident of Wedshi, Tq. Ralegaon which is in the district of Yavatmal.