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2018 Supreme(Bom) 583

SHALINI PHANSALKAR-JOSHI
Vasant Ramchandra @ Chander – Appellant
Versus
Gurudas Vasantrao Yelvande – Respondent


Advocates Appeared:
For the Petitioners: Shailendra S. Kanetkar
For the Respondents: B.K. Barve, Sandip Barve, Shital Tanpure, M/s. B.K. Barve & Co.

JUDGMENT :

1. Heard Mr. Kanetkar, learned counsel for the Applicants, and Mr. Barve, learned counsel for the Respondents.

2. By this Revision Application, filed under Section 115 of the Civil Procedure Code, 1908, the Applicants are challenging the order dated 2nd May 2014 passed by the Joint Civil Judge, Junior Division, Khed, below the application at “Exhibit-43” filed in Regular Civil Suit No. 134 of 2004.

3. The application at “Exhibit-43” was filed by the present Applicants, who are Defendant Nos.1 to 5 before the Trial Court, under Order 7 Rule 11(d) of CPC, for rejection of the plaint on the ground that the Suit is barred by law.

4. In order to appreciate the submissions advanced at bar by learned counsel for both the parties, it would be essential to recite few facts of the case.

Respondent Nos.1 to 3 herein had filed the Suit before the Trial Court for partition and separate possession of their share in the suit property on the ground that, these properties are the ancestral joint family properties of the present Applicant No.1, who is the father of Respondent Nos.1 and 2 and husband of Respondent No.3. In paragraph No.1 of the plaint, the Respondents have described the suit pr













































































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