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2022 Supreme(Bom) 1163

NITIN B.SURYAWANSHI
Simintinibai W/o Bapu Swami – Appellant
Versus
Mahadeo S/o Manikrao Agjal – Respondent


Advocates appeared:
Arvind Deshmukh, Advocate, Manish P. Tripathi, Advocate

JUDGMENT

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

2. This petition, filed under article 227 of the Constitution of India, takes exception to the order dated 27th april, 2018 passed by the learned ad Hoc District Judge 3, Parbhani in Miscellaneous Civil appeal No. 11 of 2018, thereby allowing the appeal and setting aside the judgment and order dated 20th January, 2018 passed by Civil Judge, Senior Division, Parbhani in Civil Miscellaneous application No. 495 of 2015.

3. Facts in brief, shorn of unnecessary details, are that petitioner No.1 is sister in law (Brother's wife), petitioners No. 2 to 4 are nephews, petitioners No. 5 to 7 are cousin daughters-in-law, petitioners No. 8, 9, 12 and 14 are cousin granddaughters, petitioners No. 10, 11 and 13 are cousin grandsons, petitioners No. 15 and 16 are sisters and petitioners No. 17 to 19 are brother's sons of deceased Rachlinga Shivacharya Swami, whose ordinary residence was Gangadhar Swami Math, Sailu, Taluka Sailu, District Parbhani. He expired on 7th June, 2015.

4. The petitioners filed an application under section 2 of the Bombay Regulation

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