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2012 Supreme(Bom) 1467

R.P.SONDURBALDOTA
Khalil Haji Bholumiya Salar – Appellant
Versus
Parveen – Respondent


Advocates appeared:
For the Applicants:G.S. Godbole i/by. Sidharth Ranghe, Advocates.
For the Respondents:R1 & R2, None, Z.A. Jariwala i/by. M/s. Thakore Jariwalla & Associates, R3, S.A. Kumbhakoni, Advocates.

Judgment :

1. The applicants, who are strangers to the First Appeal seek, by this Civil Application, to set aside the consent order dated 15th October, 2009 passed therein. Respondents no.1 and 2 are the appellants and original plaintiffs. Respondents no.1 to 3 are the respondents to the appeal and the original defendants. The applicants hereinafter will be referred to as 'the applicants', respondents no.1 and 2 as 'the appellants' and the other respondents as 'the respondents'.

2. The undisputed facts of the case are that, one Mohammed Hanif Ahmedsaheb Karigar owned substantial properties at Solapur including final plot no. 1641 admeasuring 208.5 sq.mtrs with a bungalow standing thereon, known as “Ashiyana Bungalow” and an open piece of land admeasuring 4495 sq.mtrs at Gat No. 9/2/2B. Mohd. Hanif Karigar died on 20th April, 2004 leaving behind the respondents as his heirs. The appellants, the original plaintiffs are his widow and one daughter, Shamin. The other respondents-the original defendants are his other daughters, Parveen, Rahima and son-Nazir. The appellants filed Special Civil Suit No. 105 of 1990 against the respondents for partition and separate possession of the movable




















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