RAMESH RUPLAL SHAHU Vs. GUNJAN GANESH SHAHU

JUDGEMENT

(1.) Heard Shri Bapat Advocate for petitioner and Shri Kariya, advocate for respondent. Rule. Made returnable forthwith. Heard finally with the consent of parties.

(2.) By this petition under article 227 of the Constitution of India, the petitioner is seeking to challenge the order passed by the Civil Judge, Senior Division, Daryapur, District Amravati in Special Civil Suit No. 3/2007 between the parties; below exhibit 8 by which the maintenance was granted to the respondents holding that they are issues from Shilabai born from Ganesh; the brother of petitioners.

(3.) It will be seen that the respondents are stated to be sons of Ganesh Shahu. In the observations pointed out by the learned counsel for the petitioner, the other son is stated to be after performing second marriage with one Bablu Kanhaiyyalal Shahu. It is difficult to say that the respondents are not sons of deceased Ganesh, at this stage and therefore, in my opinion it is not possible to interfere with the impugned order in the extraordinary writ jurisdiction of this court.