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2010 Supreme(Bom) 907

R.C.CHAVAN
Laxmibai Ramkrishna Pate – Appellant
Versus
Kondabai Dattatrya Dumbre – Respondent


Advocates Appeared:
For the Appellants:A.V. Anturkar a/w. Sugandh Deshmukh & Mr. Vipin Kasle, Advocates. For the Respondents:R.D. Soni i/b. M/s. Ram & Co., Advocates.

Judgment :-

This Appeal is directed against the order passed by the learned Civil Judge, Senior Division, Pune, rejecting appellant's application Exhibit 5 and 37 for an injunction to restrain respondents (defendant Nos. 1 to 6 in Special Civil Suit No. 1813 of 2009) from obstructing appellants/plaintiffs possession of Survey Nos. 364/1 and 364/2 at Narayangaon, Taluka Junner, District Pune, and from creating any third party interests during the pendency of the Suit.


2. By consent of parties the Appeal was taken up for final hearing at the admission stage.


3. The facts which are material for deciding this Appeal are as under:-


The properties which are subject matter of this Appeal were undisputedly owned and possessed by Mr. Sakharam Pate. The question whether the properties were self acquired or ancestral properties of Sakharam Pate cannot be gone into at this stage, since it will have to be decided after evidence is tendered. Sakharam had three natural daughters who are respondent Nos. 1 to 3 (defendant Nos. 1 to 3). He adopted one Ramkrishna, who was married at that time, as his son by a registered adoption deed dated 6th June, 1966. Sakharam died on 28th November, 1966. Sakhara





































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