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2010 Supreme(Bom) 1674

D.Y.CHANDRACHUD, ANOOP V.MOHTA
Minakshi Mahendra Pitroda – Appellant
Versus
Kusumben Devchand Rathod – Respondent


Advocates:
Mr. RAJENDRA N. BHAGATTJEE, for the Appellant.
Mr. RA VI KADAM, Advocate General with Mr.
PRAVIN SAMDANI, Sr. Advocate, Mr. ASHIS KAMATH, Mr. VIVEK SHIRALKAR and Mr.
SUSHANT CHAVAN i/b. Shiralkar & Co., for Respondent Nos.l A to 6.
Mr. DINYAR MADON, Sr. Advocate with Mr. ZUBIN BEHARAMKAMDIN, Mr. DHIREN H.
SHAH and Mrs. P. MANI BAJPAI i/b. Vimla & Co., for Respondent No.10-A.
Mr. PRADEEP SANCHETI, Sr. Advocate with Mr. VIDYA BHUSHAN MISHRA i/b. Vyas & Bhalwal, for Respondent No.14.

JUDGMENT

Dr. D.Y.CHANDRACHUD,J.:- On the request of the Learned Counsel of all the contesting parties, the appeal has been taken up for hearing and final disposal. The Learned Counsel have been heard.

2. The Appellant is the Plaintiff in a suit instituted before this Court in which the relief that is sought is: (i) A declaration that the order dated 4th August, 1992 passed by this Court in Suit 931 of 1971 permitting the withdrawal of I' he suit as settled out of Court is fraudulent, collusive, void and illegal and would not bind the Plaintiff and the Fourteenth Defendant; (ii) A declaration that Defendant Nos.1 to 6 have no right to deal with or dispose of the half share of the Plaintiff and the Fourteenth Defendant in favour of Defendant Nos.7 1'010 and the agreement for sale dated 20th January, 1994 does not create any right, title and interest in favour of Defendant Nos.7 to 10; (iii) The property which forms the subject of the suit be partitioned by metes and bounds; and (iv) Alternatively, the Plaintiff should be allowed a sum ofRs.75lakhstowards the claim of a one fourth share in the suit property.

3. The dispute in the present case relates to a plot of land bearing Survey No.4


































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