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2023 Supreme(Bom) 1942

K. R. SHRIRAM, RAJESH S PATIL
Arun Sampatrao Patil – Appellant
Versus
Bhikaji Laxman Waghmare – Respondent


Advocates appeared:
Mohan B. Jadhav, Advocate, Vishal Kanade, Advocate, Sumit Raghani, Advocate, Karl Tamboly, Advocate, Anuj Desai, Advocate, Karan S. Thorat, Advocate, Sanjiv Sawant, Advocate, Malhar Bageshwar, Advocate, Sachin Kadam, Advocate

JUDGMENT/ORDER

K. R. Shriram, J. - There was a partition suit filed by Appellant before the Joint Civil Judge Senior Division, Pune, being Special Civil Suit No.1478 of 2009 (Original Regular Civil Suit No.565 of 1996). Respondents to the Appeal were Defendants in the suit. The suit was for partition of various properties, as mentioned in the impugned Judgment dated 31st July 2012. One of the property was land survey No.143/2. According to Appellants, the land was part of joint ancestral land whereas, it was the case of Respondent No.1(a) to 1(h), who are the legal heirs of original Defendant No.1 that the said property was self acquired property of Defendant No.1. Respondent Nos.1(a) to 1(h) (hereinafter referred to as Respondent No.1 for convenience) had granted development rights to Respondent No.6.

2. Applicant herein has filed this Application to be made a party to this Appeal on grounds, inter alia, that Respondent No.6, i.e., Mr.Nilesh Kanade Group through its proprietor Nilesh Satish Kanade had assigned the said property in favour of Applicant. The assignment deed dated 13th March 2007 (the deed of assignment), copy whereof is annexed to the application is signed by Responden

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