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2023 Supreme(Bom) 2051

ANUJA PRABHU DESSAI
Hemlata Ashok – Appellant
Versus
Bhalchandra Damodar Thakare – Respondent


Advocates appeared:
Vijay Singh Thorat, Advocate, Sanjay Jain, Advocate, Nakul Jain, Advocate, Karan Jakhar, Advocate, Prashant Karande, Advocate, Sudam S.Patil, Advocate, Ajit S.Hodage, Advocate, Praful S.Pawar , Advocate

JUDGMENT/ORDER

1. Heard finally with consent of both the parties.

2. The Applicants, who were the Defendant Nos.2 and 3 in RAE Suit No.674/1179 of 2008, have filed this application under Sec. 115 of the Civil Procedure Code challenging the legality of the following judgment/orders:-

    (i) Judgment and Decree dtd. 11/6/2013 in Suit No.674/1179 of 2008 passed by Court Room No.10, Small Causes Court, Mumbai,

(ii) Judgment dtd. 21/6/2023 passed in the Appeal No.88 of 2013 confirming the judgment and decree dtd. 11/6/2013 in Suit No.674/1179 of 2008; and

(iii) Order dtd. 21/6/2023 passed on Application at Exhibit 36' in the Appeal; and

(iv) Order dtd. 21/6/2023 passed below Exhibit 74', all passed by the Appellate Bench, Small Causes Court, Mumbai and be pleased to quash and set aside the same;"

3. The brief facts necessary to decide this revision application are as under :-

    The Respondent No.1 was the plaintiff and the Applicants herein were the Defendant Nos.2 and 3 in R.A.E. Suit No.674/1179/2008 and shall be hereinafter referred to as the Plaintiff and Defendants respectively.

4. The parents of the Plaintiff -Damodar Sitaram Thakare and Smt. Sushilabai Damodar Thakare were the owners of the

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