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2004 Supreme(Bom) 514

A.S.OKA
Narhari Balku Kavade since deceased through his heirs & others – Appellant
Versus
Hanmanta Timma Pujari since deceased through his and legal representatives & others – Respondent


JUDGMENT - OKA ABHAY S., J.:—By this petition under Article 227 of the Constitution of India, the petitioners have challenged the judgment and order dated 4th July, 1984 passed by the learned 3rd Joint Civil Judge, Junior Division, Pune, below application Exh. 1 in C-Application No. 60 of 1984.

2. The petitioners are the legal representatives of the original plaintiff in regular Civil Suit No. 1389 of 1978 filed in the Court of the Civil Judge, Senior Division, Pune, against the respondents. The said suit initially came to be decreed ex parte on 29th July, 1980. Thereafter in Writ Petition No. 3293 of 1981 an order of remand was passed by setting aside the decree passed on 29th July, 1980. After the remand, a decree for possession was passed in favour of the original plaintiff on 5th July, 1984 which has admittedly attained finality. On 23rd March, 1984, the petitioners made an application before the trial Court pointing out that in the judgement, suit property has been wrongly described as Survey No. 66/5-A instead of Survey No. 66-A/5 and prayed for effecting necessary corrections. The said application was rejected by the trial Court on the ground that in the plaint, the survey nu






























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