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2018 Supreme(Bom) 1939

G.S.PATEL
Life Insurance Corporation of India – Appellant
Versus
Ramakant Vaman Varde – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ajay Khaire, I/b M/s. The Law Point.
For the Respondents: Mr. Rajesh Kachare, with Amit Potnis, I/b Tamhane & Co, Mrs. Sheeja John, I/b M/s MP. Savla & Co.

JUDGMENT :

1. The Plaintiff is the Life Insurance Corporation of India constituted under the Life Insurance Corporation Act 1956 (“LIC”). The Plaint seeks, first, a declaration in regard to construction by the Defendants of a stone boundary wall, grill gates with doors, an electric metre, a drainage system, toilet block, a pucca shed, cabins and other civil works on properties described thus:

“Eksar (Borivali), bearing Survey no. 204, Hissa No. 1 part and bearing CTS No. 2400 and admeasuring 5,218 square yards (equal to) 4,364.6 sq mtrs., and another piece of land bearing Survey No. 204, Hissa No. 1 Part, CTS No. 1446 and admeasuring 2,768 sq yards (equal to) 2,311.4 sq mtrs., and thus making the total area of the entire plot of the suit premises as 7,986 sq yards (equal to) 6,676 sq mtrs.”

2. The second prayer seeks a declaration that a stay order dated 11th April 2002 granted by the Maharashtra Government’s Revenue and Forest Department to an order of 28th October 1991 of the Additional Commissioner Konkan Division confers no right, title and interest on Defendants Nos. 1 to 4 i

















































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