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2023 Supreme(Online)(Bom) 2524

HIGH COURT OF BOMBAY
M. S. SONAK, J
Raghuvir Kashinath Kerkar, Smt. Vilasini Raghuvir Kerkar, Smt. Kashi Tilu Bagkar, Shri. Tilu Babaji Bagkar, Miss. Shasikala Kashinath Kerkar – Appellant
Versus
Smt. Drakshayani Vishwanath Kerkar – Respondent


Advocates:
For the Appellants/Petitioners: Mr Nigel da Costa Frias, Ms Barbara Andrade
For the Respondents: Mr Deep Shirodkar

JUDGMENT:

1. Heard Mr Nigel da Costa Frias with Ms Barbara Andrade for the appellants and Mr Deep Shirodkar for the respondents.

2. he appellants are the original defendants and the respondent is the original plaintif in Regular Civil Suit No.11/2002 instituted in the Court of the Civil Judge, Junior Division at Pernem Goa. Accordingly, in this Second Appeal, the parties will be referred to by their description before the Trial Court.

3. he plaintif’s case in the suit is that he purchased the suit property measuring 520 sq. mtrs. vide registered sale deed dated 26.12.1977 from defendants no.1 and 3 to 6. In this registered sale deed, the suit property was described as bearing Survey No.97/1. Based on this sale deed, the plaintif, in the year 1997, applied to the Talathi of Morjim for mutation in the survey records. he Talathi, on perusing the records, informed the plaintif that the defendants had partitioned the suit property before the execution of the sale deed dated 26.12.1977, and the suit property sold to the plaintif was now surveyed under No.97/1-B. Accordingly, the plaintif called upon the defendants to execute a rectiication deed by indicating the survey number of the suit pr

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