B.P.COLABAWALLA
Shahid S. Sarkar – Appellant
Versus
Mangala Shivdas Dandekar – Respondent
1. This Notice of Motion has been filed on behalf of Defendant Nos.3, 6 and 7 seeking a prayer for rejection of the plaint under the provisions of Order VII Rule 11(d) of the Civil Procedure Code, 1908 (for short “the C.P.C.”).
2. The Suit has been filed by the Plaintiff inter alia seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar (for short “the said Laxman”) and the late Yamunabai Shegaonkar (for short “the said Yamunabai”) and on the basis of this, she claims a share in the estate of the deceased Laxman. The reliefs claimed in the Suit are as under :-
“(a) that this Hon'ble Court be pleased to declare that the Plaintiff is the adopted daughter of the deceased Laxman Ukardaje Shegaonkar and of the deceased Yamunabai Laxman Shegaonkar;
(b) that this Hon'ble Court be pleased to declare that the Plaintiff is one of the heir of the deceased Laxman Ukardaje Shegaonkar and is entitled one-half i.e. 50% share in the suit property described in Exh.'A' annexed to the plaint;
(c) that this Hon'ble Court may be pleased to decree the suit property thereby ordering partition of the suit property described in Exh.'A' annexed to the plaint by metes and b
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