JAIDEEP Vs. UDAY

JUDGEMENT

(1.) Rule. With the consent of the Learned Counsel for the parties made returnable forthwith and heard.

(2.) The Writ Jurisdiction of this Court is invoked against the order dated 912014 passed by the Learned 4th Additional Judge of Small Causes Court, Pune, by which order, the application Exhibit 23 filed by the Petitioners herein for appointment of the Petitioner No.2 i.e. the Defendant No.2 to the Suit as guardian of the Petitioner No.3 i.e. the Defendant No.3 came to be rejected.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it to say that Suit in question being Special Civil Suit No.376 of 2013 has been filed by the Respondent herein for declaration that he is the coowner to the extent of 1/4th share in the flat in question. The second relief is that the Defendants be restrained by way of permanent injunction from creating any third party right in the suit flat whereby sell, perpetual lease, mortgage or otherwise. The Petitioner No.3 herein claims to be a legate of her mother in respect of 1/2 share of the mother in the flat in question and on the basis of the Will of her father claims to be the full owner of the flat in question. In the said Suit the Will of the mother Sarla A. Dudhbhate is under challenge. It is in the said Suit that the application Exhibit 23 came to be filed in support of the said application. The documents in the form of medical report, psychological report, were sought to be relied upon by the Petitioners amongst other documents.