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2012 Supreme(Bom) 16

S.V.GANGAPURWALA
Rekha W/o Ramrao Bhujang – Appellant
Versus
Subhadrabai W/o Keshavrao Bunage – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R.F. Totala, Advocate.
For the Respondents:R1, R3 to R10, V.D. Sapkal, Advocate, R11, served.

JUDGMENT

1. Heard.

2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.

3. The present petitioner/original plaintiff has filed a suit for partition and separate possession in respect of the suit properties described in Schedule A and B of the plaint.

4. The Respondents/defendants pursuant to suit summons appeared and denied the case of the petitioner and further claimed that the plaintiff has executed Hakksod affidavit on 30.7.2007. .5. The Respondent No.1/defendant No.1 during the pendency of the suit filed an application (Exh.61) stating that the plaintiff has executed Hakksod affidavit on accepting consideration of Rs.6,00,000/-(Rupees six lacs) and has relinquished her share in the ancestral property. The said document is on insufficient stamp. Vide said application prayed to impound the document. The said application is filed on 23.2.2009. The said application was pending consideration and was not decided. The plaintiff led her evidence. The defendants also led their evidence. DW 5 was examined and referred the said Hakksod-patra in his examination-in-chief and in the said examination-in-chief referred it as Exh.80. Th



























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