acknowledge herself as first wife of Sanjoy Shah and came to know that Sanjoy had already married to Neha Shah and Amit Shah is their child. Petitioner No. 1 on 05.12.2000 had given birth to a male child, who is petitioner No. 2 herein namely Sahil Shah. Petitioner/plaintiff No. 1 got anxious about the future of their child Sahil, but she got assurance from her husband Sanjay Shah and Sanjay used to pay Rs. 80,000/- per month to the petitioner for incurring family expenses and educational expenses of said son Sahil /petitioner No. 2 herein. Said Sanjoy Shah died on 10.11.2016 the petitioners/plaintiffs state that they are facing extreme financial hardship after death of Sanjoy shah. Now said petitioner No. 2 Sahil Shah is a student and has taken loan of Rs. 8,20,245/- to meet educational and other family expenditure, which are to be paid within stipulated period as motioned in loan agreement. The petitioners further state that for educational purpose of petitioner No. 2 she has to incur huge expenditure , which the petitioner entitled to get from suit property. In spite of repeated request the opposite parties/defendants refused to pay the amount of maintenance of the petitioners/plaintiff. As such, petitioners as plaintiff compelled to file aforesaid suit for partition against opposite parties herein. The opposite party No. 5 had filed an application for maintainability challenging the veracity of the plaint and plaintiff/petitioner had filed written objection thereto. After hearing learned court below rejected defendants said petition.
