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MILIND N. JADHAV
Nitin Sitaram Waghmare – Appellant
Versus
Balu Kanha Gawade – Respondent
JUDGMENT
1. By the present petition, the Petitioner has prayed for the following reliefs:-
"a) To call the R & P of R.C.S. 537 of 2012 and R.C.S. No. 149 of 2015 from the file of Jt. Civil Judge (S.D.), Kalyan;
b) To issue writ of certiorari or any other appropriate writ and set aside the Orders dated 29.08.2019 and 09.03.2021 passed by the Jt. Civil Judge (S.D.), Kalyan on Exhibit - 101 and 105 respectively;
c) Pending hearing and final disposal of this Writ Petition, further proceedings in R.C.S. 537 of 2012 and R.C.S. 149 of 2015 pending on the file of Jt. Civil Judge (S.D.), Kalyan be stayed."
2. RCS No.537 of 2012 has been filed on 05.03.2012 by Respondent Nos.1 and 2 being the plaintiffs therein against the Petitioner No.1 and his father before the Civil Judge, Senior Division, Kalyan for injunction in respect of suit property bearing Survey No.44 Hissa No.(2b) ad-measuring 85 gunthas situated at Taluka Kalyan, District Thane.
3. RCS No.149 of 2015 has been filed on 02.03.2015 by Petitioner Nos.1 and 2 along with their sister Smt. Neeta Raman Shinde (Respondent No.4 herein) against Drupadi Waman Bhoir, Shivaji Waman Bhoir, Netaji Waman Bhoir, Umaji Waman Bhoir, Aasha Anil Patil and
Common evidence cannot be recorded in separate suits when the parties, cause of action, and reliefs are different.
The main legal point established in the judgment is that the suppression of material facts and the failure to establish a prima facie case for securing a temporary injunction can lead to the quashing....
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
The main legal point established in the judgment is the application of the bar under Order 9 Rule 9 read with Section 9 of the Civil Procedure Code, which rendered the suits not maintainable.
A plaintiff must seek recovery of possession within one year of auction sale confirmation; failure to do so bars the suit under the Specific Relief Act.
The admissibility of secondary evidence requires adherence to specific legal procedures, and the principle of res-judicata applies when the same issues have been previously adjudicated.
The sale deed for the property did not require permission from the Collector, and the suit was maintainable without a declaration of title.
The main legal point established in the judgment is the principle that a suit for injunction without a prayer of declaration is maintainable if the plaintiff is in lawful or peaceful possession of th....
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