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2021 Supreme(Bom) 607

V.K.JADHAV
Sakhahari – Appellant
Versus
President, Swarajya Shikshan Sanstha – Respondent


Advocates appeared:
V. B. Garud, Advocate, S. D. Tawshikar, Advocate

JUDGMENT

1. Heard fnally with the consent of the parties, at admission stage.

2. The respondent/original plaintiff (hereinafter called as 'Sanstha') has instituted a civil suit bearing Regular Civil Suit No.29 of 2018 in the Court of Civil Judge J.D. Khultabad against the petitioners herein for a decree of perpetual injunction in respect of the suit land bearing gat no.767 admeasuring 4 Hector 60R to the extent of 65R land situated at village Bajar Sawangi, Tq. Khultabad, District Aurangabad. The respondent Sanshta/original plaintiff has purchased the suit land from petitioner no.1 Sakhahari Dagadu Ghule (original defendant no.1) through a registered sale deed dtd. 16/1/2009. Initially, the respondent/original plaintiff has purchased 0Hector 70R land from the petitioner no.1 Sakhahari Ghule out of the land gat no.767 alongwith third share in the water of the well. However, it was revealed that mistakenly land was mentioned as 70R instead of 65R. Accordingly, correction deed was executed on 26/8/2009 and four boundaries of the land admeasuring 65 R of land are the same as mentioned in the original sale-deed. It is clarifed in the correction- deed that other details of the original sa

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