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SANDIP KUMAR CHANDRABHAN MORE
Vimalbai Gangaram Shingade – Appellant
Versus
Bhagirtivbai Rakhmaji Wayse – Respondent
JUDGMENT :
(Sandip Kumar Chandrabhan More, J.)
1. Both the aforesaid proceedings have been filed by the appellants Vimalbai and Mathurabai, who are the original defendant Nos.1 & 2 in RCS No.287 of 1991 and respondent Nos.1 & 2 in RCA No.5 of 2012, against present respondent Nos.1 to 5, who are the plaintiffs in the aforesaid suit and respondent Nos.7 to 12, who are the interveners of the aforesaid appeal. Respondent No.6 is original defendant No.3 in the aforesaid suit. The Writ Petition No.1250 of 2018 is filed against the order below Exhibit-30, dated 31/08/2017 passed by the learned first appellate court i.e. District Judge-1, Osmanabad in RCA No.5 of 2012 whereby respondent Nos.7 to 12 have been added as respondent Nos.4 to 9 in aforesaid appeal. Similarly, Appeal from Order No.57 of 2017 has been filed by original defendant Nos.1 & 2, challenging the final judgment and order passed by the learned first appellate court on 06/10/2017 whereby the original judgment and decree in RCS No.287 of 1991, was set aside and matter was remanded back to the trial court to decide the said suit afresh by permitting the present respondent Nos.7 to 12 -interveners to file their written statemen
The appellate court's remand for interveners to contest their claim was illegal as it failed to address the merits of the original dispute, violating principles of res judicata.
The appellate court must independently assess evidence and cannot place the burden of proof on the defendant when the plaintiff fails to establish his claim.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
Intervention application – Being masters of their lis, petitioners cannot be made to contest or fight against an opponent who, in eyes of plaintiffs, has no concern with suit land and has not been ca....
The main legal point established in the judgment is the strict rules for amendment under Order VI, particularly Rule 17 of the Code of Civil Procedure, and the importance of framing issues based on t....
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