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2009 Supreme(Bom) 616

B.R.GAVAI
CHHABUBAI HARIBHAU BADAKH – Appellant
Versus
S. H. KHAATOD – Respondent


B. R. GAVAI, J.

( 1 ) RULE. Rule made returnable forthwith. Heard by consent. The petitioners in this group of petitions have filed Regular Civil Suits against the respondents for declaration that the petitioners/plaintiffs have become owner of the suit land described in the plaint, by adverse possession and for a further direction to the respondent authorities to effect entries in the record of rights. On being noticed, the respondents appeared in the respective suits and filed written statement verified by one Nandkishore Parik. The claim of the plaintiffs/petitioners was resisted by the respondent No. 1 in the said written statement.

( 2 ) ONE of the plaintiffs in the identical suit filed an application that the written statement filed by the said Shri Parik cannot be treated as a written statement and prayed for "no W. S. Order". Subsequently, an application came to be filed by said Shri Parik for amendment which has been filed on 22/1/2009, for incorporating an averment that the said written statement has been filed by the General power of Attorney Holder on behalf of the defendants. The said application was allowed. Hence, the present petitions.

( 3 ) SHRI Shelke, learned Coun
















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