SHAMRAO VISHNU KUNJIR Vs. SURESH VISHNU KUNJIR

JUDGEMENT

(1.) Rule. By consent heard forthwith.

(2.) Though the respondent Nos. 2 to 13 are parties, the order arises out of the say filed by Defendant No. 1 i. e. respondent No. 1 who is represented before this Court. Notice on the other Respondents, therefore, dispensed with;

(3.) The petitioner, is the original plaintiff in the pending suit being Regular Civil suit No. 166 of 2001 filed in the Court of learned Civil Judge, Junior Division, Saswad. The reliefs sought for is that as the properties are ancestral and/or purchased out of the nucleus of the joint family properties they are liable to be partitioned. The respondent No. 1 filed written statement-cum-reply to the application for temporary injunction on 8th november, 2004 wherein defence is set out. The respondent Nos. 3 to 5 have adopted the written statement filed by the respondent No. 1. There are some inter se disputes as to the procedure of filing written statement between respondent Nos. 2 and 4 on the one hand and respondent Nos. 3 and 5 on the other. The controversy to that extent was resolved by an order dated 6th March, 2004 passed by the trial court. It is the case of the petitioners that on 12th February, 2004 the Respondent Nos. 3,4 and 5 filed 3 separate affidavits incorporatin similar contents as taken by them in the application made by them at Exh. 78. The defence raised therein are thereafter set out in the pleadings. Evidence by way of examination and cross-examination including leading of oral and documentary evidence has been partly done.