1 917wp12791.26.odt 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 2 917wp12791.26.odt 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 3 917wp12791.26.odt 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. ) mahajansb/