SANJAY WAMANRAO BODKE Vs. PADMINI NANDKUMAR NAIR

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel appearing for the parties, made returnable forthwith and heard.

(2.) The writ Jurisdiction of this court is invoked against the order dated 15th July, 2014 passed by the learned 5th Joint Civil Judge, senior Division, Nashik, by which order, the application Exhibit284 for striking out the defence of the Petitioners i.e. the Defendant Nos. 3 and 4 to the Suit in question, came to be allowed and the defences of the said Defendants came to be struck of.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it to state that in the Suit in question being Special Civil Suit No. 420 of 2012 filed by the Respondent No. 1 herein/original Plaintiff for partition, in the said Suit an application Exhibit274 for interrogatories came to be filed by the original Plaintiff. The said application came to be partly allowed by the Trial Court by order dated 12th December, 2011. Insofar as the interrogatories are concerned the interrogatories at Sr. Nos. 3a, 7, 12, 14 and 15 were directed to be answered by the Defendant Nos. 3 and 4 and the Plaintiff was directed to serve the said interrogatories to the Defendant Nos. 3 and 4 and the Defendant Nos. 3 and 4 were directed to answer the same within the time prescribed in Order XI Rule 8 of the Civil Procedure Code.