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2022 Supreme(Bom) 1417

ROHIT B.DEO
Om Prakash – Appellant
Versus
Bhaurao – Respondent


Advocates appeared:
S. P. Kshirsagar, Advocate, Onkar Ghare, Advocate

JUDGMENT

Rohit B. Deo , J. - Heard Mr. S. P. Kshirsagar, the learned counsel for the petitioners and Mr. Onkar Ghare, the learned counsel for the respondent.

2. The petitioners are the defendants in Special Civil Suit 3568/2001 instituted by the respondent plaintiff seeking decree of possession and permanent injunction qua the suit property which is described in paragraph 1 of the suit plaint as western portion admeasuring 25.03 square meters of the Municipal House 819 (new) 19 (old) situated in Ward 36, Mouza Nagpur.

3. It would not be necessary to narrate the minute details. Suffice it to state, that the plaintiff claims to be the owner of the suit property having purchased the same from Smt. Mangala Rangbal vide registered sale-deed dated 07.12.1993. The plaint averment is, that while the defendants were the owners of the western side portion of the suit property, vide registered sale-deed dated 14.09.1993, the defendants sold the said portion to Smt. Mangala Rangbal, with the result that the defendants do not have share or interest in the suit property.

4. The defendants in the written statement submitted that the plaintiff is not entitled to any right in the suit property. The def

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