RAOSAHEB Vs. VINOD

JUDGEMENT

(1.) This revision application is filed against the order made on Exhibit 51 in Regular Civil Suit No.125 of 2008 by the Joint Civil Judge, Junior Division, Ausa. The application filed under Order XXIII Rule 1 of the Code of Civil Procedure for permission to withdraw the suit is allowed by the trial Court subject to payment of cost of Rs. 5000/-. Both the sides are heard.

(2.) Regular Civil Suit No.125 of 2008 was filed for relief of partition and possession of ancestral and joint family property. It is the case of the plaintiffs that marriage between their mother and defendant No.1 Raosaheb had taken place in the year 1970. It is contended that Raosaheb married with defendant No.2 when his first marriage was subsisting. It is contended that defendant Nos.3 and 4 and a daughter are born to defendant No.2 from Raosaheb but they cannot be called as legitimate children. It is contended that to deprive the plaintiffs of the suit property, the defendant Nos.1 and 2 joined their hands and they created false record of maintenance proceeding and by using the order they created charge on the joint family property. It is contended that the suit was collusive in nature and so the decision is not binding on the plaintiffs. It is contended that to defeat the claim of the plaintiffs in respect of the suit property some portion of the suit property was sold to defendant No.5 by defendant No.1 but that transaction is also sham and bogus and it is not binding on the plaintiffs. The plaintiffs had claimed two-third share in the suit property.

(3.) Defendant Nos.1 to 4 filed written statement together to contest the suit. They denied that mother of the plaintiffs had married with defendant No.1. It is their contention that marriage between defendant Nos.1 and 2 took place in the year 1970 and after that defendant No.1 had come in contact with mother of the plaintiffs. It is contended that no marriage was performed with the mother of the plaintiff by defendant No.1.