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2021 Supreme(Bom) 235

MILIND N.JADHAV
Eknath Nivrutti Hegadkar (since deceased through his legal heirs) Mainabai Lakshman Tanjave – Appellant
Versus
Aagatrao Dyanu Ghodake (since deceased through his legal heirs) Kondabai Aagatrao Ghodake – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Surel S. Shah
For the Respondent: Mr. Prasad Kulkarni

JUDGMENT:

Heard Mr. Shah, learned counsel appearing for the petitioners and Mr. Kulkarni, learned counsel appearing for the respondents.

2. By the present Writ Petition, the petitioners have prayed for following reliefs:-

    "(B) After calling for the records and proceedings from the Court of learned Civil Judge, Junior Division, Madha in respect of the Regular Civil Suit No. 22/2008, this Hon'ble Court may be pleased to examine the legality, validity and/or propriety of the impugned Judgments and Orders dated 17.11.2016 passed by the learned Civil Judge, Junior Division, Madha in respect of Regular Civil Suit no.22/2008 below Exhibit 35 and 39;

(c) After examining the legality, validity and/or propriety of the same, this Hon'ble Court may be pleased to quash and set aside the separate impugned Judgment and Orders dated 17.11.2016 passed by the learned Civil Judge, Junior Division, Madha and further be pleased to reject the applications below Exh. 35 and 39 preferred in the Regular Civil Suit No. 22/2008."

3. Petitioners are aggrieved by the twin orders both dated 17.11.2016 passed by the Civil Judge, Junior Division, Madha in two applications namely Exh. 35 and Exh. 39 filed by the respo

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