MHAH180008972018 R. C. S. No. 328/2018 Rutumbara Thombare & Anr Vs. Ram @ RamchaND & Ors.

ORDER PASSED BELOW EXHIBIT-18

The present application is filed by Plaintiff for framing additional issues.

2. It is submitted by the Plaintiff that, the Plaintiff has pleaded in his plaint that, he became landless due to the sale transaction between the Defendants. On the contrary the Defendants pleaded in their written statement that, the Plaintiff has not became landless due to said transaction. Hence, the Plaintiff prayed to frame an additional issue as follows: - " Does the Plaintiff prove that, they became landless? "

3. The learned advocate for the Defendants filed his say on the backleaf of the application aND submitted that, the proposed issues is not necessary for the purpose deciding the Suit. Hence, he prayed to reject the application.
4. I have heard learned advocates for both sides aND perused the record.
5. On perusal of the pleadings of both sides, it appears that, the present Suit is filed by the Plaintiff for partition aND seprate possession. My learned predecessor has framed the issues on Exh. 7. It appears that, the proposed issue is not necessary for Page 2 of 3 Order Below Exh. 18 the purpose of deciding the real controversy between the parties. Hence, I am not inclined to frame the additional issue as prayed by the Plaintiff. Accordingly, I pass the following order.

O R D E R

• 1. The application is rejected.
• 2. Costs in the main cause. Rahuri Date: 24. 11. 2023 sd/- (Mayursingh D. Gautam) 2 ND Jt. Civil Judge (J. D), Rahuri

Page 3 of 3 Order Below Exh. 18

C E R T I F I C A T E

I affirm that the contents of this PDF file Judgment/Order is same word to word as per the original judgment. | (a) | Name of the Stenographer |: | S. P. Pardeshi | |-----|------------------------------------|---|---------------------| | (b) | Court |: | CJJD & JMFC, Rahuri | | (c) | Date of Judgment/Order |: | 24/11/2023 | | (d) | Judgment/Order signed by
P. O on |: | 24/11/2023 | | (e) | Judgment/Order uploaded
on |: | 24/11/2023 |

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References: Case Number - R.C.S./328/2018 | Case Type - R.C.S. | CNR Number - MHAH180008972018 | Complex Name - Rahuri, Civil and Criminal Court | Court Name - 3-shri. A. K. Shinde(incharge)-3rd Jt Civil Judge JD and JMFC | Filing Date - 21-04-2018 | Judge Name - 3-3Rd Jt Civil Judge Jd And Jmfc | List Date - 2025-06-20 | Order Date - 2023-11-24 | Order Number - 1 | Petitioner Advocates - Kulkarni V. B.Unde R. M. | Petitioner Parties - Hrutuambhara Kiran Thombre Advocate - Kulkarni V. B. | Respondent Parties - Ram Narhari Kulkarni Advocate - Unde R. M.2) Sitaram Thakaji Aaghav 3) Gitaram Thakaji Aaghav 4) Suresh Thakaji Aaghav | Status - Evidence