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2002 Supreme(SC) 126

K.G.BALAKRISHNAN, R.P.SETHI
Lilabai R. Rajwade – Appellant
Versus
Madhusudan S. Rajwade – Respondent


ORDER

All the I.As. are allowed.

2. Leave granted.

3. Respondent No. 1 filed an application for claiming mesne profits of the property known as Rajwade Mangal Karyalay by way of miscellaneous application No. 3 of 1982. The application was allowed with the following terms :

(a) The applicant is entitled to claim his 8/28th share in the amount of Rs. 10,30,000/-.

(b) The opponents Nos. 1 and 2 shall be entitled to have 8/28th share each in the amount mentioned above.

(c) The opponent Nos. 3, 4, 5 and 6 shall get 1/28th share in the amount mentioned above.

(d) Parties are directed to pay court fees on the amount to the extent of their share in the abovesaid amount.

(e) The opponent No. 1 is directed to deposit an amount of Rs. 10,30,000/- in the court within two months from today.

4. Aggrieved by the aforesaid direction, the appellant herein preferred an appeal in the High Court which was dismissed along with the cross objections filed by respondent No. 1.

5. The learned counsel appearing for the appellant has contended that on facts, the High Court has found that there was no basis for the lower






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