KALUBA MADHAVRAO UPASE Vs. RANGUBAI RAJABHAU ATOLE

JUDGEMENT

(1.) Rule. Rule, with consent of the parties, made returnable forthwith.

(2.) By this petition, filed under Article 227 of the Constitution of India, the petitioner, who is original defendant No. 4 in Regular Civil Suit No. 316/2002, has challenged the order dated 7-7-2004, by which order, application, Exh. 44, filed by the petitioner for taking his Written Statement on record, has been rejected.

(3.) Few facts, which are necessary for decision in the matter, are stated thus : present respondent Nos. 1 to 3 to the petition have filed Regular Civil Suit no. 316/2002 against the petitioner herein, who is defendant No. 4 in the suit, and respondent Nos. 4 to 6 herein, who are also the defendants in the said suit. The said suit has been filed before learned Civil Judge, Senior Division, Jalna for partition and separate possession as well as for perpetual injunction in respect of an agricultural land being Gut No. 418 situated in village Bhatepuri, Tq. and district Jalna.