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2023 Supreme(Bom) 949

GAURI GODSE
Omkar Pandit Bankar – Appellant
Versus
Ashok Laxman Jadhav – Respondent


Advocates appeared:
M.M.Bhokarikar, Advocate, R.V.Gore, Advocate, V.P.Latange, Advocate

JUDGMENT

1. This civil revision application is filed by the original defendant no.1 for challenging the order dtd. 21/3/2011 passed by learned Civil Judge, Junior Division, Jamner below Exhibit-24 in Regular Civil Suit No.30 of 2011 as well as order dated 14 th March, 2011 passed by learned Civil Judge, Junior Division, Jamner on an application made under Sec. 91 of the Code of Civil Procedure 1908 ("CPC"). By order dtd. 21/3/2011, an application at Exhibit 24 filed by the present petitioner under Order VII Rule 11 of CPC was rejected. By order dtd. 14/3/2011, an application filed by respondent nos.1 to 3 under Sec. 91 of CPC was allowed, thereby granting permission to them to institute the suit. Pursuant to the permission granted under Sec. 91 of CPC, respondent nos.1 to 3 instituted Regular Civil Suit No.30 of 2011 against the petitioner and respondent no.4, praying for a declaration that the applicant had no right to carry out new construction and/or carry out repairs and/or use the suit property in any manner. Respondent nos.1 to 3 also prayed for a decree directing the petitioner to demolish the construction on the suit property. Suit property described in the plaint is city su

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