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2009 Supreme(Bom) 403

R.M.BORDE
Khanderao slo. Bhujangrao Babar – Appellant
Versus
Bharatbai wlo. Shrimant Gomsale – Respondent


Advocates Appeared:
Shri. TAKTE, Advocate holding for Shri. V.D. SALUNKE, Advocate for the Petitioner.
Shri. V.M. YELNOORKAR, Advocate for the Respondent No.1.

JUDGMENT:-

Petitioner - original defendant no.2 is raising exception to the order passed below exh.74 in Regular Civil Appeal No.20/2004 by the District Judge - I, Nilanga on 13-9-2007.

2. Respondent No.1 - original plaintiff instituted the suit claiming specific performance of agreement as well as recovery of possession of the land bearing gat nos.287 and 297 situate at village Jajnoor, Tq.-Nilanga being Special Civil Suit No.181/98. Plaintiff in the suit also claimed relief to the effect that the registered sale-deeds bearing nos.1508 and 1509 executed on 15-9-1997 be adjudged as ineffective and inoperative against the plaintiff. Plaintiff stated in the plaint that the property in dispute has been subsequently transferred by original defendant No.1 in favour of other defendants. Apart from claiming relief in respect of specific performance of agreement, the plaintiff has also sought for possession of the disputed property as well as sought declaration that the subsequent sale-deeds be declared as ineffective and inoperative as against the plaintiff. Plaintiff being a lady, as per the policy of the State Government in respect of remittance of court fees by a lady litigant, prevaili

















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