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2018 Supreme(Bom) 1497

V.K.JADHAV
Maruti Vithoba Kulal – Appellant
Versus
Nivrutti Deoram Kulal – Respondent


Advocates Appeared:
For the Petitioners: Darshan D. Pokharkar.
For the Respondents: R.B. Temak.

ORDER :

1. Heard finally with consent at admission stage.

2. The petitioners/plaintiffs have instituted Regular Civil Suit No. 459 of 2000 for fixation of boundaries and recovery of the encroached portion of the suit land with a decree of perpetual injunction. The respondents/defendant Nos. 2, 6, 9 and 11 to 13 have strongly resisted the suit by filing their written statement at Exhibit 21. The respondent/defendant No. 1 has also adopted the written statement filed by the above defendants by filing pursis Exhibit 26. In due course, after the pleadings were completed, issues were framed and the parties also led their oral and documentary evidence in support of their rival contentions. The trial Court, after hearing the parties finally, reserved the matter for judgment and at this stage, respondent Nos. 1 to 3 have filed application Exhibit 80 for carrying out amendment in the written statement and also for filing counterclaim. The petitioners/original plaintiffs have strongly resisted the said application by filing say at Exhibit 82. The learned 2nd Joint Civil Judge, Senior Division, Sangamner, by impugned order dated 7-4-2017, allowed the application Exhibit 80 subject to costs of `































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