SMT. PANCHAFULABAI WD/O Vs. SMT. BAKABAI PANDITRAO KOMBE AND
HIGH COURT OF BOMBAY
Smt. Panchafulabai Wd/O
Smt. Bakabai Panditrao Kombe And
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(1.) The petitioners in this writ petition have raised a question as to whether the Court below has correctly exercised jurisdiction under Section 152 of the Code of Civil Procedure, 1908 (C.P.C) while disposing of application filed by the petitioners for correction of decree passed on compromise pursis filed by the parties.
(2.) The petitioners had filed Regular Civil Suit No. 136 of 1989 for partition and separate possession of their share in ancestral properties of Bhaurao Kombe, being the wife and daughter of the said person. The respondents (original defendants) appeared before the Court below and filed their written statements. The petitioners had described the suit property in paragraph 3 of the plaint which included agricultural fields and house property. During pendency of the suit, an application for amendment was moved on behalf of the petitioners to include some other house properties to be made subject matter of the suit. Although this application for amendment was opposed by the respondents, the application was allowed and the said properties were shown in paragraph nos. 3(A) and 3(B) in the plaint.
(3.) After issues were framed by the Court on 09.02.1994, the respondents filed a pursis stating that they had no objection for passing preliminary decree of 1/7th share in the properties mentioned in the plaint. Accordingly on 25.02.1994, the Court below decreed the suit specifically recording that the plaintiffs had 1/7th share in the suit property as described in paragraph 3 of the plaint. Accordingly, a preliminary decree was directed to be drawn.;
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