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2024 Supreme(Online)(Bom) 6068

BOMBAY HIGH COURT
MILIND N. JADHAV, J
DAMODAR BADRINARAYAN BHANDARI – Appellant
Versus
VISHNU DAGDU DAREKAR (DECEASED) THR. LRS. BALKRUSHNA VISHNU DAREKAR AND ORS. – Respondent


Mr. Drupad Patil a/w. Mr. Namitkumar S. Pansare, Advocates for Applicant. Mr. Ketan Joshi, Advocate for Respondent No.1(a). Mr. Shailesh D. Chavan, Advocate for Respondent Nos.4(b), 4(d) and 4(e).

JUDGMENT :

1. This Civil Revision Application (“CRA”) is filed by Defendant No.6, inter alia, challenging rejection of his Application filed under Order VII Rule 11 of the Code of Civil Procedure (for short “CPC”) by the impugned order dated 30.11.2023 passed by the Trial Court in Special Civil Suit No.1004 of 2022. The said order is appended at page No.174 of the CRA.

2. Suit plaint is filed by Plaintiffs seeking principal relief of partition and injunction in respect of 6 HUF immovable properties described in paragraph No.1 of the Suit plaint. In addition, Plaintiffs seek declaration that registered Sale Deed dated 20.10.2020 executed between Defendant No.1 (one of the coparcener) namely Rama Maruti Darekar and Defendant No.6 - Damodar Badrinarayan Bhandari, whereby out of the 6 Suit properties, 4 properties are transferred in entirety by Defendant No.1 to the exclusion of the other coparceners shall not be binding on the Plaintiffs.

3. Revision Applicant is Defendant No.6 before the Trial Court. Respondent Nos.1 to 3 are Plaintiff Nos.1 to 3. Respondent No.4 is Defendant No.1. Plaintiffs and Defendant Nos.1 to 5 belong to the same family. Defendant No.6 is a third party purchaser o

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