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2015 Supreme(Bom) 1885

R.M.SAVANT
Vasant Vithal Gawand – Appellant
Versus
Shantaram Tukaram Gawand – Respondent


Advocates Appeared:
For the Petitioner:Mr. C. G. Gavnekar a/w Mr. A. C. Gavnekar, for the Petitioner.
For the Respondent:Ms. Gauri Godse i/by Mr. R. D. Joshi, for the Respondent No.2.

JUDGMENT :

1. At the outset, the Learned Counsel for the Petitioner seeks deletion of the Respondent Nos.1A to 1D as in the context of the challenge raised in the above Petition they are formal parties. The said Respondents are accordingly allowed to be deleted at the risk of the Petitioner.

2. The Writ Jurisdiction of this Court is invoked against the order dated 28.07.2015 passed by the Learned District Judge2, RaigadAlibag, by which order the Civil Misc. Application No.150 of 2014 came to be allowed and resultantly, the delay of 1 year and 2 months in filing the Appeal came to be condoned albeit on the payment of costs of Rs.15,000/to the Respondent No.1.

3. The facts necessary to be cited for the adjudication of the above Petition can in brief be stated thus. The suit in question being Special Civil Suit No.156 of 2010 was filed by the Plaintiff i.e. the Petitioner herein for declaration, injunction and possession. The subject matter of the suit were agricultural lands bearing Survey No.70, Hissa No.3, admeasuring 64 Ares, Survey No.71, Hissa No.1, admeasuring 18.7 Ares and Survey No.72, Hissa No.21, admeasuring 03 Ares situated at village Dhokavade, Taluka Alibag, District Raiga












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