SANTOSH MADHUKAR PAWAR Vs. INDUBAI EKNATH PAWAR

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. At the request of both the sides, the matter is heard finally at the stage of admission.

(2.) Petitioners herein, who are original defendant nos.9 and 10, are hereby impugn the order dtd. 6/8/2015 passed by learned Civil Judge, Senior Division, Kopargaon on Application Exh.186 in Special Civil Suit No.70 of 1996 rejecting prayers for carrying out amendment to the pleadings in written statement.

(3.) Learned counsel for petitioners would point out that, present respondents - original plaintiff Nos.1 to 3 instituted Special Civil Suit No.70 of 1996 for partition, declaration and injunction against original defendants with regard to property described in the plaint i.e. 2A to 2G and amendment plaint in 2-A-1 to 2-C-1. It is further pointed out that, one Dattatraya Pawar and Radhabai Pawar had filed Regular Mukadma No.525 of 1992 against original plaintiffs as well as defendants with regard to above property and in consequence to compromise pursis, decree was drawn in above proceedings. It is further pointed out that, original plaintiffs and original defendants filed partition deed amongst themselves in view of above decree dtd. 28/9/1992.