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2009 Supreme(Bom) 1315

S.S.SHINDE
Ratnabai d/o. Adhar Pardeshi – Appellant
Versus
Adhar s/o. Ukha Pardeshi (died) – Respondent


Advocates appeared:
Mr. C. R. DESHPANDE, Advocate for Petitioner.
Mr. A. B. GIRASE, Advocate for Respondent No.2 to 4.
Mr. J. R. SHAH, Advocate for Respondent No.6.
Mr. S. I. NANDODE, Advocate for Respondent Nos.5 to 9.
Mr. BALAJI SHINDE, Advocate for Respondent No. 10.

JUDGMENT :- Rule. Rule, returnable forthwith. Heard with the consent of the parties.

2. This Writ Petition is filed challenging the Order dated 12/412007 passed by the 5th Jt. Civil Judge (J.D.), Dhule.

3. The back-ground facts of the case as disclosed in the petition are as under.

The petitioner no. 1 is a daughter of petitioner no.2 and respondent no.1 (now deceased). The respondent no.2 is the grandmother of the petitioner no. 1 , whereas the respondent nos.3 and 4 are the purchasers of the joint family property from the defendant no. 1. Respondent nos.5 to 10 are proposed respondents who are also subsequent purchasers.

The petitioner no. 1 had filed R.C.S. No.288 of 2000 in the Court of the Civil Judge (J.D.), Dhule for partition and separate possession of the suit property.

After the death of the original defendant no.1, namely Adhar S/o. Ukha, the plaintiff no.2, who is the widow of defendant no.1, has been brought on record as plaintiff no.2. According to the plaintiff, the suit property is the joint family property. The defendant nos. 1 and 2 started disposing of the said property and have sold some of the properties to the defendant nos.3 and 4. It is averred in the plaint tha

































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