SANJAY INGLE Vs. PANCHFULA BAI

JUDGEMENT

(1.) This miscellaneous petition is filed by the defendants/petitioners being aggrieved of order dtd. 29/07/2022 (Annexure-P/1) passed by learned 2nd Civil Judge (Junior Division), Khandwa in RCSA 19A/2019 whereby learned Civil Judge has directed the defendants to lead their evidence first.

(2.) Shri Avinash Zargar, learned counsel for the appellants, submits that plaintiffs filed a suit seeking relief of declaration of title with regard to the suit property. Further claiming that defendants have no right, title and interest in respect of the suit property because defendant-Yashoda Bai is concubine of late Laxman and defendant-Sanjay Ingle is illegitimate child Laxman whereas plaintiff -Panchfula Bai is first wife of deceased-Laxman and plaintiff No.2 is her son.

(3.) It is submitted that defendants claim, title in respect of the suit property on the basis of registered Will dtd. 02/06/2012. Defendants further pleaded that Laxman had divorced his first wife, therefore, she has no stake in the suit property.