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2014 Supreme(Bom) 1543

Z.A.HAQ
L. Rs. of Pandurang Dharmadhikari – Appellant
Versus
Kusumtai @ Malini W/o Vasantrao Bhagwat – Respondent


Advocates:
Advocate Appeared:
Shri M.G. Bhangde, Senior Advocate with Shri V.V. Bhangde, Advocate for the petitioners.
Shri V.S. Bapat, Advocate for respondents 1 and 2.
Shri R.D. Dharmadhikari, Advocate for respondents 7, 8 and 9.

Judgment

1. The petition arises out of the order passed by the learned trial Judge in Special Civil Suit No.3/1998 below Exh.396 on 1st December, 2011 by which the learned trial Judge has allowed the objection of the respondents, has impounded the document dated 13th May, 1992 as per the provisions of Section 33 of the Bombay Stamp Act and has sent the document to the Collector for necessary action as per the provisions of Section 37 of the Bombay Stamp Act. The petitioners have also challenged the conclusions of the leaned trial Judge that the document dated 13th May, 1992 was required to be registered as contemplated by the provisions of Section 17(1)(b) of the Registration Act and as the document is not registered, it is inadmissible in evidence as per the provisions of Section 49(c) of the Registration Act.

2. The respondents 1 and 2 have filed the civil suit against the petitioners and the respondents 3 to 5 praying for the decree for partition by metes and bounds in respect of 1/7th share of respondents 1 and 2 in the suit property. The respondents 1 and 2, in the alternative have prayed for the decree for declaration that they and the original defendants 2 to 5 (collectively),




































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