VIKAS S/O. ASHOK PAKHARE Vs. JAYASHREE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally at the stage of admission by consent of parties.

(2.) Plaintiffs/Original Defendant Nos. 1 to 7 in RCS No. 78 of 2023 pending before Civil Judge, Junior Division, Paithan, impugns order dtd. 7/10/2023, passed below Exh. 78, rejecting their application seeking rejection of plaint under Order VII Rule 11 (a) and (d) of Code of Civil Procedure, 1908. (Hereinafter, parties are referred as per their original status in the suit for the sake of convenience and brevity.)

(3.) Respondent Nos. 1 to 3 -Original Plaintiffs instituted RCS No. 78 of 2023 seeking relief of partition, separate possession, permanent injunction and mesne profit against defendants. Plaintiffs contend that suit lands were originally owned by Motilal s/o Dulichand Saraf. He had a son Natvarlal and two daughters from first wife. After death of his first wife he married to Saraswatibai. He got three sons and five daughters from second marriage with Saraswatibai. After death of Motilal suit properties were mutated in the name of Natvarlal. Natvarlal transferred suit properties in name of Saraswatibai by way of partition in the year 1976-77 vide mutation entry No. 08. Saraswatibai resided with her elder son Rameshchandra. Taking benefit of said fact, Rameshchandra mutated names of his sons Jagdish and Mahendra over suit properties by way of family arrangement. Since then properties remained mutated in the name of Jagdish and Mahendra. Eventually, Jagdish and Mahendra mutated properties in name of their wives vide mutation entry Nos. 1044 and 1045 dtd. 31/3/2008.