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2000 Supreme(Bom) 755

S.G.MAHAJAN
Samrat Furniture and others – Appellant
Versus
Bhaurao son of Natthuji Mankar – Respondent


JUDGMENT - S.G. MAHAJAN, J.:---Applicants M/s. Samrat Furniture and other six, who are the plaintiffs in Regular Civil Suit No. 1936 of 1991, have filed the present revision petition challenging the order of the Vth Joint Civil Judge, Junior Division, Nagpur, passed on 30th July, 1999 below Exhibit 90, whereby the learned Judge deleted the Issue No. 1, which was as regards the ownership of the plaintiff firm in relation to the suit property.

2. The above said civil suit filed by the applicants plaintiffs is for the declaration and permanent injunction. The case of the applicants-plaintiffs is that the property situated on 15, Farm Land is the property belonging to plaintiff No. 1 firm (M/s. Samrat Furniture). The plot was purchased in the name of the firm and with the funds of the firm and the construction thereon was also made with the funds of the firm. The further contention of the applicants-plaintiffs is that the non-applicant/defendant denied the claim of the plaintiff-firm and contended that he was the absolute owner of the portion of the property, which was allotted to him.

3. The trial Court framed the issues. One of the issues framed was ---

"Whether the plaintiffs prove th












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