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2018 Supreme(Bom) 459

C.V.BHADANG
Arjun Shaba Patyekar – Appellant
Versus
Kashinath Shamba Naik Gaunkar (since Deceased), through his legal heirs – Respondent


Advocates Appeared:
For the Petitioner:D.J. Pangam, S. P. Munj, Advocates.
For the Respondent:J. P. Mulgaonkar, Advocate.

JUDGMENT :

1. On 10/11/2017, the parties were put on notice that the petition would be taken up for final disposal at the admission stage. I have accordingly heard Shri Pangam, the learned Counsel for the petitioners and Shri Mulgaonkar, the learned Counsel for the contesting respondents and the petition is being disposed of finally.

2. The petitioners had filed a suit for declaration and injunction, claiming that the suit property corresponds to Land Registration No.42 while the contesting respondents claimed that the suit property corresponds to Land Registration No.484. The learned Trial Court dismissed the suit on 27/12/2005, which is challenged by the petitioners before the learned District Judge in F.A. No.88/2006, which is pending. During the course of the pendency of the said appeal, the petitioners filed an application (Exh.37) for amendment of plaint. In short, the petitioners' now want to introduce a plea that the suit property corresponds to old registration no.15340. This, according to the petitioners, has been necessitated on account of discovery of facts and documents subsequent to filing of the appeal. It appears that the petitioners also filed a separate application





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