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2008 Supreme(Bom) 327

B.P.DHARMADHIKARI
Sadashiv Mahadeorao Pokle (deceased through LRs. ) – Appellant
Versus
Mahesh Baban Pokle – Respondent


Advocates appeared
Shri. M. G. BHANGDE, Senior Advocate with, Shri. JOSHI, Advocate for the Appellants.
Shri. C. S. SAMUDRA, Advocate for the Respondents.

JUDGMENT :-

The original defendants have filed present Second Appeal challenging the concurrent judgments and decrees passed by Courts below for their eviction. Respondents Nos.1 & 2 filed Special Civil Suit No.221 of 1983 through their father and natural guardian against present appellants for recovery of possession and for damages. They claimed possession of house property located at Baraipura, Lalganj, Nagpur, on the basis of Will. The suit came to be decreed and appellants (original defendants Nos.1 to 3) were directed to hand over the possession to plaintiffs. The appellants then filed Regular Civil Appeal No.530 of 1985 & the Court of 10th Additional District Judge. Nagpur, dismissed it with costs on 19.9.1991. On 22.11.1991 the present Second Appeal has been admitted on two substantial questions of law, the first being about the explanation of suspicious circumstances shrouding the Will and second about protection of Rent Control Legislation. During the pendency of appeal, the appellants filed Civil Application No.2069 of 2003 and sought leave to urge additional substantial question of law in relation to nature of property. It is their contention that property bequeathed by.











































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