Dilwale 1 98-WP-12434-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 98 WRIT PETITION NO. 12434 OF 2022 Basantilal Chunilal Jasabhati And Others VERSUS Shantilal Chunilal Jasabhati And Others ... Advocate for the Petitioners : Mr. Bora Sumeet N. Advocate for Respondents : Mr. Satyajit S. Bora & Badakh Vishal Sopanrao ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 27.02.2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. The Petitioners are aggrieved by the common order dated 9.11.2022 passed below Exhibits-55, 71, 73 and 75 by the learned Civil Judge, Junior Division Jamkhed in FD No. 02/2004, whereby the applications filed by the petitioners came to be rejected. 3. The learned counsel for the Petitioners submits that the application filed by the Petitioners seeking enhancement of share came to be rejected by the Trial Court only on the ground that the issue was referred to a Division Bench of the Hon’ble Apex Court in the case of Vineeta Sharma vs Rakesh Sharma. 4. In my view, the learned Trial Court ought to have considered the applications on its own merits instead of rejecting the same solely on the Dilwale 2 98-WP-12434-22.odt aforesaid ground. Therefore, I am inclined to allow the Writ Petition by setting aside the impugned order and remanding the matter to the Trial Court for deciding the applications afresh on their own merits, in accordance with law. 5. Hence, the Writ Petition is partly allowed. The common order dated 9.11.2022 passed below Exhibits-55, 71, 73 and 75 by the learned Civil Judge, Junior Division Jamkhed in FD No. 02/2004 is quashed and ser aside. The matter is remanded to the Trial Court to decide the issue a fresh as per the existing position of Law. [ SIDDHESHWAR S. THOMBRE ] JUDGE