DATTA Vs. SONABAI GANPATI METHE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and with the consent of the parties, called out for hearing.

(2.) Permissibility of filing rejoinder/replication by a Plaintiff to the written statement is the short issue which has attracted attention of this Court. The issue arises out of challenge set up by defendants to the Order dtd. 22/10/2022 passed by the trial court allowing Plaintiff's application seeking permission to file rejoinder.

(3.) Brief facts of the case are that Respondent No.1 is the Plaintiff in Regular Civil Suit No. 856 of 2017 filed before the 6th Jt. Civil Judge, Senior Division, Kolhapur inter alia seeking partition of the suit property. Plaintiff claims herself to be the wife of late Ganpati Methe. She has given genealogy of Methe family in the plaint claiming that her husband Ganpati is son of Dnyanu Methe and that therefore she is entitled to a share in the suit property.