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BOMBAY HIGH COURT
SHARMILA U. DESHMUKH, J
CHANDANMAL RUPCHAND HIRAN DIED THROUGH LRS SUSHILABAICHANDANMAL HIRAN – Appellant
Versus
NAZAMABEGUM SAYED SIKANDAR AND OTHERS – Respondent
| Table of Content |
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| 1. the appellants claim joint ownership over property treated as ancestral. (Para 1 , 3 , 4) |
| 2. the amendments sought challenge previously concluded legal determinations. (Para 2 , 6 , 7) |
| 3. court found no grounds for interference with the lower court's dismissal. (Para 5 , 8) |
FINAL ORDER:-
1. The petition challenges the order dated 05.02.2022 passed by the Adhoc District Judge-1, Vaijapur below Exhibit-49 in R.C.A No.41/2012, whereby petitioners’ application for amendment of the plaint at the appellate stage came to be rejected.
2. R.C.A. No.41/2012 was preferred by the petitioners challenging the judgment and decree dated 27.11.2009 dismissing the Regular Civil Suit No.244/1996 instituted by the petitioners herein against the respondents. For the sake of convenience the parties are referred by the status before the Trial Court.
3. The plaintiffs and defendant nos.3 to 7 and defendant nos.9 to 12 are full blood brothers and sisters and defendant no.8 was their mother. Roopchand s/o Mulchand Hiran, who was the father of the plaintiffs and defendant nos.3 to 7 and defendant nos.9 to 12 expired in or about in the year 1971. It is the case of the plaintiffs that, after the d
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