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2022 Supreme(Bom) 1743

S. V. GANGAPURWALA, M. G. SEWLIKAR
Dilip Khushalchand (Srisrimal) Jain – Appellant
Versus
Hardik Deepakbhai Ramani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Subodh P. Shah
For the Respondents: D.S. Bagul and R.N. Chavan h/f V.A. Bagadiya.

JUDGMENT :

M.G. Sewlikar, J.

1 . The matter is referred by the Hon'ble the Chief Justice for deciding the following issue:-

    "What is the court fee payable in regard to a suit for declaration that the sale deed, to which the Plaintiffs are not privy/party is void and not binding on the Plaintiffs, and for consequential relief of injunction?"

2. Few facts for deciding this reference can be stated as below:-

3. The Petitioners herein are the Original Plaintiffs in Regular Civil Suit No. 267 of 2014 filed in the Court of Civil Judge (J.D.), Shrirampur, District - Ahmednagar.

4. The Petitioners filed a suit for declaration that the sale deed executed by Defendant Nos. 1 to 6 is not binding on the Plaintiffs and for cancellation of mutation entry on the basis of the sale deed and for perpetual injunction restraining the Defendants from creating encumbrance and interfering in the possession of the Plaintiffs over the disputed property Gat No. 56/1 admeasuring 4 H 94 R.

5. Summonses were issued to the Defendants (Respondent Nos. 1 to 7 herein) by the learned Civil Judge (J.D.), Shrirampur. The Defendants caused their appearance at Exhibit 25 in the record of the Trial Court, Defendant Nos. 3 to

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