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2018 Supreme(Bom) 612

SHALINI PHANSALKAR-JOSHI
Union of India Through the Deputy Salt Commissioner – Appellant
Versus
Laxman Yadneshwar Sathe – Respondent


Advocates Appeared:
For the Petitioner:S.R. Rajguru a/w. Ashish Mehta, Ojas Gole, Dhruvi Shah, Advocates.
For the Respondent:Sanjiv A. Sawant, Advocate.

JUDGMENT :

1. Rule. Rule is made returnable forthwith, Heard finally, at the stage of admission itself, by consent of Mr.Rajguru, learned Counsel for the Petitioner and Mr.Sanjiv Sawant, learned counsel for the Respondent.

2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 2nd April 2016 passed by the Jt. Civil Judge, Senior Division, Alibag, below the “Preliminary Issue” in Regular Civil Suit No. 221 of 2013.

3. The facts of the Writ Petition are to the effect that, Respondent, herein, has filed a suit before the Trial Court for declaration that he is the owner of the suit property described in paragraph No.1 of the plaint and Defendant No.2-The State of Maharashtra be directed to record the suit property in the name of the Petitioner in revenue records and accordingly, 7/12 extracts of the suit property be issued in his name. A consequential relief of injunction was also sought restraining Defendant No.1-The Union of India from disturbing his possession in the suit property without following due process of law. The relevant relief which was sought in the plaint was of the declaration, that, notice dated 24th



































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