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2018 Supreme(Bom) 256

SHALINI PHANSALKAR-JOSHI
Hari Shiva Patil – Appellant
Versus
Sadashiv Krishnaji Kulkarni – Respondent


Advocates Appeared:
For the Petitioner:Pradeep D. Dalvi, Advocate.
For the Respondents:Shriniwas Sudhir Patwardhan, Advocate, Yogesh Dabake, AGP.

JUDGMENT :

1. Heard learned counsel for the petitioner, learned counsel for respondent Nos. 1 & 2 and learned AGP for the State.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both parties and the petition is taken up for final hearing.

4. This Revision Application is filed under Section 115 of Code of Civil Procedure, challenging the legality, validity and propriety of the order dated 14.02.2017, passed by Civil Judge Senior Division, Jaysingpur, District: Kolhapur, in R.C.S.No.242 of 2016 thereby overruling the objection raised by the present petitioner, to the jurisdiction of the Civil Court to entertain the suit.

5. The petitioner in the present petition is original defendant No.7. Respondent Nos. 1 & 2 had filed the present suit before the trial Court, for the relief of declaration that the land acquisition map prepared by defendant No.2 Collector, Kolhapur, is void ab-initio and not binding upon the ownership rights of the plaintiffs over the suit property bearing Gat No.311 admeasuring 49 R, out of total area of 2 Hectors situate at village Takawade, Taluka: Shirol. Alongwith the relief of declaration, plaintiffs had also claimed the relief

















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