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2019 Supreme(Bom) 1430

N.J.JAMADAR
Subhash Dhanraj Sankla – Appellant
Versus
Kaikhushroo @ Keki Phiroze Noble – Respondent


Advocates Appeared:
R.D. Soni, Adv., Tushar R Momaiyar, Adv., Siddhartha Ravindra Ronghe, Adv., M.K. Irani, Adv.

JUDGMENT :

N.J. Jamadar, J.

Rule. Rule made returnable forthwith and with the consent of the learned counsels for the parties, heard finally.

2. This petition under Article 227 of the Constitution of India takes exception to an order dated 27th July 2016 passed by the learned Civil Judge, Senior Division, Pune on the applications (below Exh. 184 and Exh.186) of the defendant Nos.1(a) to 1(d), the respondents herein, whereby the defendants being the legal representatives of Kaikhushroo @ Keki Phiroze Noble, were permitted to file written statement pleading their title to the suit property and the subsequent order dated 18th December 2017 on an application for review of the former order, whereby the said application also came to be rejected.

3. The background facts leading to the instant petition can be stated, in brief, as under :-

    [a] Smt. Rhoda Phiroze Noble was the owner of the property bearing Plot No.18, Survey No. 59, ad-measuring 499.5 square meters situated at Village Ghopadi, Pune (hereinafter referred to as "the suit property"). Smt. Rhoda Phiroze Noble died on 9th November 2006 leaving behind her last registered Will and testament dated 21st March 1989, under which the suit pr

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