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2009 Supreme(Bom) 1098

K.K.TATED
KANCHAN NARENDRANATH KHARGKHARATE – Appellant
Versus
INDUMATI NAGNATH WAGHMARE – Respondent


Advocates:
M.N.NAVANDAR, S.B.Rohile, S.G.Chincholkar

( 1 ) RULE. Rule made absolute forthwith. By consent of parties, matter is heard at the stage of admission.

( 2 ) HEARD Mrs. S. G. Chincholkar, Counsel for Petitioner, Mr. S. B. Rohile, counsel for Respondent No. 1 and Mr. M. N. Navandar, Counsel for Respondent nos. 2 and 3.

( 3 ) BY this Writ Petition under Articles 226 and 227 of the Constitution of india, petitioner/original plaintiff challenges the Order dated 20-2-2009 passed by the District Judge - 2, Nanded below Exh. 25 in Misc. Civil Appeal No. 5 of 2009 arising out of the Order dated 3-1-2009 passed below Exh. 5 in R. C. S. No. 414 of 2008 by the Civil Judge (Sr. Division), Nanded.

( 4 ) A few facts of the matter are as under : respondent No. 1 is original defendant No. 1 and respondent Nos. 2 and 3 are original defendant Nos. 3 and 4 in R. C. S. No. 414 of 2008. Petitioner filed r. C. S. No. 414 of 2008 in the Court of the Civil Judge (Sr. Division), Nanded for declaration that petitioner be declared as legally wedded wife of deceased narendranath Kashinath Khargkharate and for benefits arising out of service of deceased Narendranath. In that Suit, petitioners claim following reliefs :

" (1) A decree of declared as legall
















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