DHANANJAY SHIVRAM MAPARE Vs. VILAS EKNATH KAPRE

JUDGEMENT

(1.) Revisionary jurisdiction of this Court is invoked for setting up a challenge to the order dtd. 22/12/2017 passed by the Joint Civil Judge, Junior Division, Daund, rejecting the application preferred by the Applicants/Defendants seeking rejection of Plaint under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code).

(2.) There is a chequered history of litigation between the parties. The great-grandmother of Applicant Nos.1 and 2 initiated the litigation by filing Special Civil Suit No.76 of 1996 for partition and separate possession against Respondent No.1 and his wife. Said Suit was dismissed on 30/10/1999. The Plaintiffs in that Suit filed First Appeal No.192 of 2001 before this Court. By Judgment and Order dtd. 3/2/2011, the First Appeal was allowed and the Suit was remanded for fresh decision. Respondent No.1 and his wife sought review of order dtd. 3/2/2011 and their Review Petition came to be dismissed. After remand, the Suit was renumbered as RCS No. 65 of 2012. In that Suit, the Trial Court passed a preliminary decree for partition fixing the shares between the parties. Aggrieved by the preliminary decree, Respondent No.1 and his wife filed Regular Civil Appeal No.82 of 2012 before the District Court, Baramati. The Appeal came to be dismissed on 22/4/2013. Respondents preferred Second Appeal in this Court, which came to be dismissed on 24/10/2013.

(3.) Since the preliminary decree was in respect of agricultural land, a precept was sent to Collector for effecting partition as per the preliminary decree. The Collector dispatched the proceedings to Tehsildar, Daund for effecting partition. The Applicants filed Final Decree Application No.1 of 2012 before the Trial Court for drawl of final decree in pursuance of the preliminary decree. Respondents preferred Application at Exhibit-72 in the Final Decree Application No.1 of 2012 seeking alteration in the shares in the preliminary decree. The said application was dismissed on 28/9/2016. Against dismissal of the said application, Respondents preferred Civil Appeal No.146 of 2016 before the District Court, Baramati. The Civil Appeal No.146 of 2016 came to be finally dismissed by the Appellate Court vide Judgment and Order dtd. 24/3/2017. The Respondents have preferred Second Appeal (stamp) No.11108 of 2017 in this Court, which came to be allowed and Civil Appeal No.146 of 2016 was remanded for fresh decision by the first Appellate Court. After remand, the Appeal was reheard and again dismissed on 17/11/2017. Against the order of the first Appellate Court dtd. 17/11/2017 Respondents have preferred Second Appeal No.674 of 2018, which is pending before this Court.