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2011 Supreme(Bom) 1415

R.M.SAVANT
Abdulsattar Gulabbhai Bagwan – Appellant
Versus
Vaibhav Lxmangiri Gosawi – Respondent


Advocates Appeared:
For the Petitioner:Madhav Jamdar, Advocate.
For the Respondents:R1 to R5, M.M. Sathaye, Advocate.

Judgment :

1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the Order dated 17/09/2010 passed by the learned 6th Joint Civil Judge, Junior Division, Satara on the ApplicationExhibit-40 filed by the Respondents herein in Regular Civil Suit No.19 of 2009 filed by the Petitioner.

3. The facts to be cited for adjudication of the above Petition are stated thus :The Petitioner is the original Plaintiff and the Respondents herein are the original Defendants. The subject matter of the said suit is Gat No.850 bearing Old No.831 situated at Mauje Degaon, Taluka and District Satara which land totally admeasuring 5 Hectares 74 Are. The said suit as original filed was for a declaration that the sale deed dated 31/10/2008 was got executed from the Plaintiff by playing fraud on him. It was the case of the Plaintiff in the said suit that he along with the parents of the Defendants i.e. Laxmangiri Ramgiri Gosawi and Kusum Laxmangiri Gosawi collectively purchased the suit property by two registered sale deeds dated 2/8/1994 from one Smt.Sarubai Bapurao Ghadge and Jijab































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