NARAYAN MANIK PATIL Vs. JAYWANT J PATIL

JUDGEMENT

(1.) Bafna Charitable Trust, the Applicants, have taken out this Notice of Motion for deleting the lands bearing Survey Nos.151-A and 77 of the village Nahur from the plaint and for discharge of the Court Receiver appointed inter-alia in respect of the said lands by an order dated 20.4.1995 passed by the Division Bench.

(2.) At the out set, I must mention that I have decided not to express any opinion on the merits of the contentions of the parties including the Applicants in respect of the suit properties. The order I intend passing is based on the fact that the Applicants are vitally affected by the appointment of the Court Receiver. That the Applicants claim the ownership and to be in possession of the said properties is expressly admitted in the plaint. It has also been expressly admitted by the Defendants in other proceedings, which I will refer to shortly. Despite the same, the Applicants were not impleaded in the above suit. The Court Receiver was therefore appointed without affording the Applicants an opportunity of defending themselves.

(3.) The suit is filed for a declaration that the properties described in Exhibit "A" to the plaint form part of the properties of the joint and undivided family consisting of the Plaintiffs and Defendant Nos.1 to 11 ; that Defendant No.1 is not the absolute owner of the said properties and therefore, not entitled to deal with the same and for a declaration that each of the Plaintiffs and Defendant Nos.1 to 11 and/or the branch represented by them has an undivided share to the extent mentioned in Exhibit "A" to the plaint. The Plaintiffs have also sought partition of the said properties and for possession of their respective share therein.