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A.S.CHANDURKAR
Sushil – Appellant
Versus
Harishankar Ramnivas Sharma – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Shri M. G. Bhangde, Senior Advocate with Shri D. N. Mehta, Advocate
For the Non-Applicant No.1:Shri S. P. Bhandarkar, Advocate
For the Non-Applicant No.2:Shri A. P. Paliwal, Advocate.

JUDGMENT (ORAL)

A.S. Chandurkar, J.—Admit. Heard finally in view of notice for final disposal issued on 23/09/2014.

2. By this civil revision application filed under Section 115 of the Code of Civil Procedure (for short ‘the Code’), the applicant, who is the original defendant No.1 in S.C.S. No.5055/2012 has challenged the order dated 30/06/2014 passed on the application below Exhibit-33 filed under provisions of Order VII Rule 11(a) and (d) of the Code for rejection of the plaint. Similarly, the order dated 15/09/2014 rejecting the review application below Exhibit49 filed by the applicant is also under challenge.

3. Few facts which are relevant to consider the challenge as raised in the revision application are that, initially the non-applicant No.1 had filed S.C.S. No.581/2006 against the present applicant and three others. It was the case of the non-applicant No.1 that he was the lawful owner of land bearing Kh. No.46 and part of land bearing Kh. No.47, admeasuring 1.75 acres. It was the further case that though the non-applicant No.1 was the owner of aforesaid land, by saledeeds dated 24/12/1998 and 29/01/2001, he was sought to be divested of his title. The aforesaid suit was, the

























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