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2023 Supreme(Bom) 1359

SANDEEP V. MARNE
Parag Prakash Mutha – Appellant
Versus
Kashinath Barku Bhalsingh (Since deceased through Legal Heirs) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shailendra S. Kanetkar.
For the Respondent: S.C. Wakankar.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Petition arises out of a challenge set up by Petitioner-son to the order dated 10 January 2022 passed by the 7th Additional Judge, Small Causes Court and Joint Civil Judge Senior Division Pune allowing application filed by Respondent Nos. 5 and 6 (parents) at Exhibit-62 by which Court has directed the son to add his parents as parties to son’s suit.

2. Brief facts of the case, shorn of unnecessary details are as under:

    The suit property bearing Gat No. 570/2 admeasuring 48 Ares situated at Village-Kolwadi, Taluka-Haveli, District-Pune was originally owned by one Shri Laxman Bhairu Bhole and Others. The same was purchased by Shri Kashinath Barku Bhalsingh by way of registered sale-deed dated 23 September 1986. Shortly after the purchase transaction, Shri Kashinath Barku Bhalsingh sold the suit land in the name of Petitioner-Plaintiff by way of registered sale-deed dated 26 November 1992. Petitioner-Plaintiff claims that he was put in vacant and peaceful possession of the suit land.

3. By way of registered sale-deed dated 3 October 2018, the legal representatives of Shri Kashinath Barku Bhalsingh (Respondent Nos. 1.1 to 1.5) sold the suit land in the nam

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