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2011 Supreme(Bom) 455

R.M.SAVANT
Subai Mura Rabari – Appellant
Versus
Paras Devraj Gundecha – Respondent


Advocates Appeared:
For the Plaintiff: P.L. Mahadik, show cause.
For the Defendants:D1 to D6 & D9, Chetan Kapadia and Mr. Dinesh Shah with Mr. M.L.Kukreja i/b Lilani Shah & Co., Advocates.

Judgment :-

P.C.

1. The above Notice of Motion has been filed by the Defendant Nos.1 to 4 and 6 to 9 inter alia claiming the following reliefs:

(a) That this Hon’ble Court be pleased to reject the plaint in Suit No.3724 of 1996 for want of payment of Court fees.

(b) That pending the hearing and final disposal of the present Notice of Motion all the proceedings in the above suit No.3724 of 1996 be stayed.

2. In the context of the reliefs sought as above it would be apposite to consider the gamut of the above Suit. The above suit has been filed by the Plaintiffs claiming the substantive reliefs as mentioned in prayer clauses (a) and (b). The said prayer clause (a) and (b) are reproduced herein under :

“(a) That this Hon’ble Court be pleased to declare that the Defendant Nos.1 to 9 have no right title and/or interest in the suit property i.e. land bearing Survey No.148 Hissa No.part CTS 168, admeasuring 60 Acres, 23.3/4 Gunthas as more particularly mentioned in Schedule ‘A’ annexed to the plaint;

(b) That all the consent-terms/decree obtained by Defendants 1 to 9 as detailed in Exhibit ‘O’ as well as all the purported agreements between defendants interse as enlisted in Exhibit “O

























































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