VATSALABAI Vs. AMOL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) The Petitioner is challenging the order dtd. 27/1/2022, passed by the learned 15thJoint Civil Judge, Senior Division, Nagpur, below Exhibit-105, in Special Civil Suit No.642/2004, rejecting the application for leave to file rejoinder.

(3.) In short the case of the Petitioner is that there was a Deed of Partition, registered on 14/5/2004, in respect of property of late Bhupendranath S/o Ramchandra Nagpure, bearing Plot No.206/12, situated at Civil Lines, Nagpur. The said Deed of Partition, which was registered on 14/5/2004, have challenged by Smt. Vatsalabai wd/o. Bhupendranath Nagpurey, mother of the Petitioner, Yogeshkumar Nagpurey, Amol Nagpurey and Smt. Alpana Takhalate vide filing of Special Civil Suit No.642/2004, thereby sought decree of declaration, partition and permanent injunction stating that the same is not binding upon her, as the same having been obtained by playing fraud upon her and misrepresentation. In the said suit, eldest son Amol was joined as defendant No.1, another son Yogesh - defendant No.2, married daughter Alpana - defendant No.3 and youngest son Vinay was joined as defendant No.4. The defendant Nos.1 and 3 filed their written statement. The defendant No.4 also filed his written-statement supporting the claim filed by the original plaintiff Vatsalabai. The defendant No.2 did not file any written-statement. After the death of defendant No.1 - Amol Nagpurey, his legal representatives i.e. Respondent Nos.1(a) to 1(d) were brought on record.