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2024 Supreme(Online)(Bom) 1917

HIGH COURT OF BOMBAY
SHAILESH P. BRAHME, J
CHANDPASHA AMIRSAB ANSARI – Appellant
Versus
EJAZ AMIRSAB ANASARI AND OTHERS – Respondent


Advocates:
Mrs. Anjali Dube (Bajpai), Advocate for the Petitioner. Mr. R.P. Adgaonkar, Advocate for Respondent Nos.1 and 2.

JUDGMENT :

1. Rule. Rule is made returnable forthwith with the consent of the parties. Heard the learned Counsel for the litigating sides finally.

2. The petitioner is challenging an award dated 17.03.2019 passed by the National Lok Adalat, Ausa in RCS No.174/2019. The petitioner is a step-brother of the respondent no.1 and step son of the respondent no.2. The respondent no.2 is the wife of respondent no.3. The respondent no.1 had filed RCS No.174/2019 for perpetual injunction against respondent no.2 and 3. The petitioner was not party to the litigation. The respondent no.3 was the owner of suit land which was gifted by him to respondent no.1 by oral Heeba. The possession of the respondent no.1 was stated to be obstructed which was cause to file suit.

3. There was settlement amongst respondent nos. 1 to 3. Respondent no.2 secured power of attorney of the respondent no.3. She entered into compromise on behalf of herself and the respondent no.3 with the respondent no.1 on 17.03.2019. The compromise was recorded and an award was passed on 17.03.2019 by the panel of National Lok Adalat, Ausa.

4. The petitioner’s case is that respondent no.3 was not the exclusive owner of the suit land. He

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