KAMAL RAOSAHEB SHIPALKAR Vs. SHIVAJI LAXMAN PALASKAR

JUDGEMENT

(1.) Heard both sides finally at the admission stage.

(2.) Being aggrieved by judgment and order dtd. 4/1/2023 passed by learned District Judge in Regular Civil Appeal No.74 of 2019 remanding the matter to the Trial Court for deciding it afresh present appeal is preferred. Respondent Nos.1 to 3 are original defendants, who are contesting parties in the suit. Appellant is the original plaintiff. Remaining respondent Nos.5 to 11 are formal parties.

(3.) Appellant had filed Regular Civil Suit No.273 of 2013 for partition, possession and injunction. It was contested by respondent Nos.1 to 3. The evidence was led by the parties. Finally, the suit was partly decreed on 10/1/2019 awarding half share to the appellant in the suit properties mentioned in plaint paragraph Nos.1A and 1B. Simultaneously, respondent Nos.1 to 3 were restrained from alienating the suit property. Being aggrieved, respondent Nos.1 to 3 preferred Regular Civil Appeal No.74 of 2019. Pending appeal, application Exh.21 was filed for amendment to written statement by respondent Nos.1 to 3 which was allowed. Application Exh.27 was filed under Order 41 Rule 27 by respondents. Application Exh.36 was filed for amendment to plaint by the present appellant.