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2009 Supreme(Bom) 375

J.H.BHATIA
Satyanarayan s/o. Swaroopnarayan Khandelwal – Appellant
Versus
Chandrakalabai w/o. Ramssahay Khandelwal – Respondent


Advocates appeared:
Mr. N. S. BHATTAD, Adv., for the Petitioner.
Mr. ANUP DHORE, Adv., holding for Mr. ANJAN DE, Adv., for Respondent Nos.12 and 13(a)to 13(e).

JUDGMENT:- The petitioner had filed Regular Civil Suit No.65 of 1985 against respondent nos. 1 to 11 seeking a declaration of his title and ownership over certain suit property, on the ground that he had purchased the suit property in the name of one Narayan, through whom respondent nos.1 to 11 claimed title over the suit property. According to petitioner, Narayan was only a "Benamidar" and the petitioner himself is the real owner of that property.

2. During pendency of the suit, defendant nos.12 and 13 claimed to have purchased the property from other defendants. They, therefore, made an application [Exh.262] before Trial Court to implead themselves as defendants, as the title to the property has been transferred to them by other defendants. That application was allowed by the Trial Court as per the impugned order dated 9th December, 2003. That order is challenged in the present petition.

3. Heard learned counsel for the parties.

4. On perusal of the record and in view of the facts noted above, it is clear that the plaintiff has tiled the suit for declaration of his title and ownership, and naturally he has to prove that title to get the declaration. If he succeeds in proving his











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