KALPANA SUDARSHAN BAKALE Vs. SUJIT JIVAN BAKALE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both sides by consent for final disposal.

(2.) The present proceeding is filed to challenge the order made on Exhibit 25 in Regular Civil Suit No. 77 of 2015 which is pending in the Court of Civil Judge, Senior Division, Osmanabad. The suit is filed by respondents for relief of partition. Defendant No.1 - Jivan is husband of present Respondent No.2 - Sindhubai and father of present Respondent No.1 - Sujit. Present petitioner - Kalpana is widow of deceased brother of Jivan. Petitioner Priyanka and Pranjali are minor issues of Kalpana borne from her deceased husband Sudharshan.

(3.) It appears that petitioners appeared in the suit on 12 th March, 2015 but till 13th August, 2015, written statement was no filed and after that when No W.S. order was made, no further application given till October, 2016. In view of this circumstance, the Trial Court has held that No W.S. order cannot be set aside.