VISHWAMBHAR S/O. NAMDEV Vs. SOW. SUNANDA

JUDGEMENT

(1.) Present revision is directed against an order dtd. 28/2/2023 below Exh.31, refusing to reject plaint under Order 7 Rule 11 of CPC in R.C.S.No.224 of 2022. Applicants are original defendant Nos.6 and 7. Respondent No.1 is original plaintiff. Respondent No.2 is her mother who is defendant No.1. The parties are referred by their original status in the suit.

(2.) Respondent No.1/plaintiff has filed R.C.S.No.224 of 2022 for declaration, partition, possession, perpetual injunction and mesne profit. Namdev Nikam was maternal grandfather of the plaintiff. Namdev had four daughters and four sons. His one of the daughters is defendant No.1 Prabhavati, mother of the plaintiff. Namdev and his wife Jalasabai are no more. The suit lands are undivided joint family properties of his sons and four daughters. The children are entitled to 1/8th share. It is contended that plaintiff's maternal uncles stopped giving agriculture yield to her mother and her 1/8th share is denied. This is the cause of action to file suit.

(3.) The plaintiff has claimed following reliefs :