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2014 Supreme(Bom) 714

R.M.SAVANT
Dadu Rama Patil – Appellant
Versus
Bapu Krishna Kurane, Since deceased through his legal heirs – Respondent


Advocates Appeared:
For the Applicants:P.D. Dalvi, Advocate.
For the Respondents:R1, N.J. Patil, Advocate.

JUDGMENT

1. Admit, with the consent of the learned counsel for the parties taken up for hearing forthwith.

2. The revisionary jurisdiction of this Court is invoked against the order dated 24/8/2012 passed by the learned Civil Judge, Senior Division, Ichalkaranji by which order the Trial Court has decided the preliminary issue by holding that it has the jurisdiction to try and entertain the present suit.

3. The Applicants herein are the original Defendant Nos.10, 11, 13 and 15 to the suit in question being Regular Civil Suit No.247 of 2005. In the context of the challenge which has been raised in the above Civil Revision Application it would be apposite to refer to the reliefs claimed in the said suit.

"HIND”"

English translation of which is as under:-

12) Plaintiff therefore prays that:-

(a) To declare that the Plaintiff become owner by adverse possession;

(b) Order dated 29.11.2001 vide Desk 1512 Rehabilitation RR 3867/2001 Vashi-916/ 2001, Letter of Tahasildar Dt. 7/12/2001 vide S.B.N. 169/2001, remark of circle officer, Hupari dt. 10.12.2001 and award No.LAQ/10/4/1983 dated 17.7.1984 and possession receipt dated 23.10.1985 all be declared illega, void ab inition, hollow and not ac















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