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2018 Supreme(Bom) 399

SHALINI PHANSALKAR-JOSHI
Sanjivani Kailas Borade – Appellant
Versus
Kashinath Huseni (Waghe) Valher – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Suhas S. Inamdar
For the Respondent: Saloni Ghule, i/by Himanshu Kode

JUDGMENT :

1. Mr. Inamdar, learned counsel for the Applicant, seeks permission to delete the name of Respondent No.1, as he has expired, and his legal heir, i.e. Respondent No.2, is already on record. Leave granted. Amendment to be carried out forthwith.

2. Heard Mr. Inamdar, learned counsel for the Applicant, and Ms. Ghule, learned counsel for the Respondents.

3. By this Revision Application, preferred under Section 115 of the Civil Procedure Code, 1908, the Applicant is challenging the order dated 21st August 2015 passed by the District Judge-1, Solapur, thereby allowing Miscellaneous Civil Appeal No.9 of 2015 preferred by the Respondents herein and setting aside the order dated 28th November 2014 passed by the 8th Joint Civil Judge, Junior Division, Solapur, below “Exhibit-1” in Regular Civil Suit No.409 of 2013.

4. By the order dated 28th November 2014, the Trial Court has returned the plaint filed by the Respondents-Original Plaintiffs, under Order 7 Rule 10 of CPC, for presentation before the appropriate Cooperative Court.

5. The brief facts of the present Revision Application are to the effect that, the subject matter of the Suit is a plot bearing No.9/16, admeasuring 92.98 sq.mt



























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