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2021 Supreme(Bom) 1589

NITIN B.SURYAWANSHI
Santoshi D/o Kalyanlal Meharwal @ Santoshi – Appellant
Versus
Kalyanlal – Respondent


Advocates appeared:
A. M. Gholap, Advocate, S. S. Patil, Advocate, A. S. Bajaj, Advocate

Final Result : Allowed

JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. This petition filed under Article 227 of the Constitution of India, takes exception to the order dated 09-06-2020 passed by the 10th Joint Civil Judge Senior Division, Ahmednagar below Exhibit-98 in Special Civil Suit No.125/2014, thereby rejecting the application filed by the petitioners under Order VI Rule 17 of the Code of Civil Procedure.

3. The petitioners original plaintiffs filed Special Civil Suit No.125/2014 against defendant No.1 father, defendant No.2 brother and defendant No.3 brothers wife under Sections 31, 35, 42, 45 of the Specific Relief Act, 1963 and under Section 14A of the Hindu Succession Act, 1956 seeking cancellation of two gift deeds, one of October, 2009 and another of the year 2011, as well as a registered General Power of Attorney in respect of the suit property, with a declaration that these three documents are not binding on the plaintiffs No. 1 to 4. Permanent injunction is sought in respect of the suit property.

The defendants appeared and resisted the suit by filing written statements. During the pendency of th

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