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2011 Supreme(Bom) 452

R.M.BORDE
Shri Datta Deosthan Trust – Appellant
Versus
Shri Milind Govind Kshirsagar – Respondent


Advocates Appeared:
For the Petitioner:L.V. Anturkar, counsel h/f S.V. Natu, R3, A.P. Bhandari, Advocates, R4, None, R5, Served.
For the Respondents:R1, V.S. Bedre with A.S. Bajaj, Advocates.

Judgment :

1. In view of the statement made by counsel for the petitioner that he does not want to press the instant revision application as against the respondent No.2, the name of respondent No.2 is deleted.

2. Rule. Rule made returnable forthwith. With consent of the parties, Revision Application is taken up for final disposal at admission stage.

3. Heard arguments advanced by the counsel for respective parties.

The petitioner, original defendant No.1 is raising exception to the order passed by the learned Civil Judge, Senior Division, Ahmednagar on 10.1.2011 in an application below Exh.20 in R.C.S. No. 197 of 2006. An application tendered by the petitioner (hereinafter referred to as “defendant No.1”) requesting for rejection of plaint as contemplated by Order 7 Rule 11 of Code of Civil Procedure has been turned down by the trial court. Respondent No.1 (hereinafter referred to as “the plaintiff”) instituted R.C.S. No. 197 of 2006 claiming a decree of injunction against defendants restraining them or anybody claiming through them from interfering in the right of the plaintiff in respect of performance of iqtk] ;K] mikluk] iky[kh bZ- of idols as well as clamping restraint orders a























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