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2018 Supreme(Bom) 230

SHALINI PHANSALKAR-JOSHI
Tukaram Dhondi Sutar (Since Deceased) – Appellant
Versus
Nana Bhau Tibile – Respondent


Advocates Appeared:
For the Applicants :Sandeep S. Koregave, Advocate.
For the Respondents:Tanaji Mhatugade, a/w. Ranjit Shinde, Advocates.

JUDGMENT :

1. By this Civil Revision Application, filed under Section 115 of the Code of Civil Procedure, 1908, the Applicants are challenging the legality, validity and propriety of the order dated 17th August 2017 passed by the 6th Joint Civil Judge, Senior Division, Kolhapur, in Regular Civil Suit No.791 of 2016, thereby holding that the Civil Court has jurisdiction to entertain and decide the said Suit.

2. The Applicants herein are the Original Defendants. Respondent Nos.1 to 3 have filed this Suit before the Trial Court contending, inter alia, that their lands were acquired for the purpose of “Tulsi Project” in the year 1975. Therefore, they became the “project affected persons” and hence, as per the order dated 4th November 2011, the Collector has handed over them the possession of the land admeasuring 40 R, out of New Gat No.829, admeasuring 71 R, situate at Village Dhamod, Taluka Radhanagari, District Kolhapur. Accordingly, Respondent No.1 has paid purchase price of the said land by Challan dated 4th November 2011 and has, thus, became the owner of the suit land. His name was also mutated in 'Record of Rights' by Mutation Entry No.2813 dated 3rd March 2011. However, subsequen






















































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