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2012 Supreme(Bom) 35

R.M.SAVANT
Sasa Detergent Division – Appellant
Versus
Damodar S Mudliyar – Respondent


Advocates Appeared:
For the Petitioner:Sugandh B Deshmukh, Advocate.
For the Respondents:R1, A.Y. Sakhare, Senior Advocate with Pankaj C Kansara, Advocate.

Judgment :

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

2. The above Writ Petition takes exception to the order dated 20th December 2010 passed by the learned II-nd Joint Civil Judge, Senior Division, Thane by which order the Application Exhibit 83 for amendment came to be allowed and the amendment in terms of the schedule to the amendment Application was allowed to be incorporated in the plaint.

3. Shorn of unnecessary details, a few facts necessary for adjudication of the above Petition can be stated thus:

The Petitioner herein is the Original Defendant No.5 in the Suit filed by the Respondent No.1 herein for specific performance of the Agreements dated 19/4/1992 and 20/11/1992 in respect of the lands bearing Survey Nos.141/1 and 141/3. The said suit has been filed by the Respondent No.1 herein against the Petitioner and Respondent Nos.2 to 5 herein. The Petitioner herein also has an Agreement in its favour from the Defendant No.1 i.e. the Respondent No.2 herein. The Respondent No.2 had entered into an Agreement for Sale with the Petitioner on 9/7/1997 pursuant to which the possession of the property, which is the subject matter of the suit, came
























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