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2019 Supreme(Bom) 1488

VIBHA KANKANWADI
Ghanshyam Deoram Gaikwad – Appellant
Versus
Samshon John Gaikwad – Respondent


Advocates Appeared:
P.P. Shinde, Adv., D.R. Adhav, Adv.

JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by original plaintiff No.1 challenging the concurrent Judgment and decree passed in Regular Civil Appeal No.127 of 2012, by learned District Judge-1, Shrirampur Dist. Ahmednagar, dated 27-06-2014, thereby confirming the dismissal of his suit bearing Regular Civil Suit No.14 of 2011, by Joint Civil Judge, Junior Division, Shrirampur, dated 29-10-2012.

2. The present appellant with present respondent No.2 had filed the said suit for declaration that, the documents executed in respect of suit property in 2008 are illegal, null and void, and for recovery of possession of the suit property which was allegedly taken by defendant forcibly from them. They had also claimed for mesne profits. Plaintiffs are the owners of 0 H 42 R land out of Gut No.9 and 0 H 34 R land out of the same gut number within the limits of village Naur Tq. Shrirampur Dist. Ahmednagar. It is stated that, the plaintiffs were in need of money in the year 2008 and they had requested the defendant to extend loan amount of Rs.30,000/-. Defendant agreed to the same, however put a condition that, the plaintiffs should execute a receipt. Accordingly, defendant obtain

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