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2016 Supreme(Bom) 1195

S.B.SHUKRE
Sumati @ Asha w/o. Late Anil Subhedar – Appellant
Versus
Yashodhara w/o. Late Sunil Subhedar – Respondent


Advocates Appeared:
For the Petitioners: Shri S.V. Bhutada.
For the Respondent: Shri S.P. Dharmadhikari, Shri A.G. Gharote and Shri A.M. Deshpande.

JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Heard finally by consent of learned counsel appearing for the parties.

4. By this petition, the petitioners-original plaintiffs have challenged the legality and correctness of the order dated 20th July, 2015 passed by the Joint Civil Judge, Senior Division, Nagpur, below Exh.209 in Special Civil Suit No.126/2006 thereby allowing the application for adducing the secondary evidence in respect of Will dated 6.11.1997 and also the order passed by the same Court on 2nd September, 2015 refusing to review the order dated 20th July, 2015.

5. The petitioners filed civil suit being Special Civil Suit No.126/2006 seeking reliefs of declaration and permanent and mandatory injunction. In this suit, the respondent Nos.1 to 6 are the original defendants. The respondents appeared before the trial Court and filed their written statement. The respondent Nos.1 to 3 along with their written statement also filed counter claim seeking 1/4th share in the suit property. They also filed an application for amendment of their written statement and counterclaim which came to be allowed by the trial Court. Upon completion of the pleadings issues were

























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