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2024 Supreme(Bom) 573

SHARMILA U. DESHMUKH
Alka Baburao Dhanawade Alias Alka Vikas Gadkari – Appellant
Versus
Sulochana Shankar Gadkari – Respondent


Advocates appeared:
Ashutosh Gole for the Appellants/Applicants; V. V. Tapkir i/b S. M. Sabrad for the Respondent.

JUDGMENT

Sharmila U. Deshmukh, J. - The Appellants before this Court are the original Defendant Nos. 1 to 4 who are dissatisfied by the Judgment dated 23rd August, 2011 passed by the Appellate Court in Regular Civil Appeal No. 10 of 2007 allowing the Appeal of the Plaintiffs and restraining the Defendant Nos. 1 to 4 from obstructing the Plaintiffs possession over the suit property and from entering into the suit property. Vide order dated 21st June, 2013 the Appeal was admitted by this Court. For the sake of convenience, the parties are referred to by their status before the Trial Court.

FACTUAL MATRIX :

2. Regular Civil Suit No. 161 of 2003 was instituted by the Plaintiffs seeking perpetual injunction from disturbing the Plaintiffs possession and from entering the suit property. The Plaintiffs came with a case that the Plaintiff Nos. 1 and 2 and Vilas are the daughters and son respectively of Shankar Dhondi Gadkari who expired on 15th October, 1976. Plaintiff Nos. 3 and 4 are the wife and daughter of Vilas. Vilas expired on 17th May, 2003 leaving behind him the Plaintiffs as legal heirs. Defendant No. 1 claims to be the wife of Vilas and Defendant Nos. 2 to 4 claim to be children of

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