UKHA CHAMATYA Vs. CHATURSINGH

JUDGEMENT

(1.) RULE, with the consent of the parties made returnable forthwith and heard.

(2.) THIS petition takes exception to the order dated 28-9-2006 passed by the learned civil Judge, Senior Division, Shahada by which order the application filed by the respondents herein came to be allowed and the learned Judge held that an additional issue in respect of non joinder of necessary parties is required to be framed.

(3.) THE petitioner herein is the original plaintiff in Special Civil Suit No. 48 of 2003 filed by him in the Court of Civil Judge, Senior Division, Shahada. The said suit has been filed for declaration and partition of one half of Gat No. 10 of village Talwadi, Taluka shahada, district Nandurbar. The said Gat no. 10 admeasures 2 H. 51 R. and it is the case of the plaintiff that he is in possession of half portion on the western side and he has been cultivating the same. The plaintiff, therefore, prayed that partition should be effected and possession should be handed over to him on the said basis. The plaintiff is the heir of one Bonda whereas the defendants are the heirs of Giran and the children of Gajya, kalya and Bilji. The common ancestor of the plaintiff and the defendants is one Amrya.