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2003 Supreme(Bom) 693

RANJANA DESAI
Chandmal Dongarmal Shelot & another – Appellant
Versus
Shantilal Valchand Shelot & others – Respondent


JUDGMENT - Smt. DESAI RANJANA, J.:---Rule. By consent. Rule made returnable forthwith.

2. Mr. Shah, learned Counsel for respondent 4 waives notice. Respondents 1 to 5 and 5 are served. A.G.P. waives notice for respondent 6.

3. By consent, the petition is taken up for final disposal at the stage of admission.

4. In this petition, the petitioner have challenged order dated 22nd March, 2001 passed by the Tahsildar, Khed. Pune.

5. Shortly stated the facts are as under:

Respondent 1 filed suit for partition being Regular Civil Suit No. 223 of 1971 in the Court of Civil Judge, Junior Division, Khed, Rajgurunagar. This petition arises out of the darkhast proceedings taken out in the said suit. The petitioners are the sons of one Dongarmal Shelot, who is original defendant 1 in the suit and respondent 3 in the present petition. Respondent 2 is original defendant 2. Respondent 4 is original defendant 3. For the sake of convenience, the parties are referred to in this judgment as per their status in Regular Civil Suit No. 223 of 1971.

6. The plaintiff and defendants 1, 2 and 3 are brothers and defendants 4, 5 and 6 are their sisters. The suit for partition was decreed on 19th June, 1987. The tria































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