ALKABAI ANANDA BHOLE AND ANOTHERversusMRUNALI SACHIN BHOLE

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                 917 WRIT PETITION NO. 12791 OF 2026

               ALKABAI ANANDA BHOLE AND ANOTHER
                            VERSUS
                     MRUNALI SACHIN BHOLE

                                     ...
     Advocate for the Petitioners : Mr. Suryawanshi Kalpesh Bhaskar
                                     …


                           CORAM : MANJUSHA DESHPANDE, J.
                           DATE   : 23.09.2026.


PER COURT :

1.          The petitioners are challenging the order dated 04.07.2026,

passed by the 5th Joint Civil Judge Senior Division, Jalgaon, below

Exhibit – 12, in Special Civil Suit No. 186 of 2025, whereby, the said

Court has rejected the application, seeking rejection of plaint under

Order VII Rule 11 of the Code of Civil Procedure.



2.          The respondent in the present Writ Petition is the original

plaintiff, who has instituted a Special Civil Suit No. 186 of 2025, seeking

partition and separate possession in respect of the suit properties as

described in the plaint.



3.          The case of the present petitioners is that the defendant No.

1 to the suit is respondent No. 1 herein, is not legally weded wife of the

deceased Sachin Bhole and upon his death she is claiming her share in

the properties. Since the petitioners are claiming that she is not the wife
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of deceased Sachin Bhole alongwith objection that she has not paid

proper Court fees, therefore, the petitioners have raised objection by

filing application seeking rejection of the plaint under Order VII Rule 11

of the Code of Civil Procedure, on the aforesaid mentioned grounds.



4.          The learned 3rd Joint Civil Judge Senior Division, Jalgaon

has rightly taken into consideration the object and scope of Order VII

Rule 11 of the Code of Civil Procedure by observing that the objection

raised are regards to the status of respondent No. 1, wherein, it is

required to be considered that the disputed questions of facts that

cannot be decided at this primary stage and it requires to be proved and

decided by leading evidence. Similarly, the other ground as regards the

applicability of Section 46 of the Maharashtra Court Fees Act is

concerned, the learned Judge has held that at this stage the plaint is not

liable to be rejected for non payment of Court Fees.



5.          Since the respondent herein had placed prima-facie material

on record in the form of heirship certificate issued in her favour to prove

that she is the wife of deceased Sachin Ananda Bhole.



6.          In view of observations made by the learned Judge, I do not

find that the order passed by the 3rd Joint Civil Judge Senior Division,

Jalgaon, suffer from any irregularity.    The learned Judge of the trial

Court has considered the object and scope of the Order VII Rule 11 of the

Code of Civil Procedure since the case of the petitioners is fit in various
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grounds mentioned in Clauses - A to F and the Order VII Rule 11 of

Code of Civil Procedure impugned below Exhibit 12 has been passed.



7.           No case for interference has been made by the petitioners,

hence the Writ Petition stands dismissed.




                                  ( MANJUSHA DESHPANDE, J. )




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