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BOMBAY HIGH COURT
N.B. Suryawanshi, J
Shri Chetan s/o Purushottam Borkute – Appellant
Versus
Smt. Nilima w/o Satish Wankhede – Respondent


Advocates:
For the Appellants/Petitioners: Shri S.A. Kalbande
For the Respondents: Shri M.P. Naidu

2. This petition challenges order dated 9.1.2020 passed by the learned 3rd Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.1065/2019 thereby directing the petitioner to pay the Court Fees.

3. The petitioner-original plaintiff filed Regular Civil Suit No.1065/2019 seeking following reliefs :

(1) To declare that the plaintiff is an adopted son and legal heir of the deceased Dr. Dattatraya G. Borkute and defendant no.2 and he has not made any transaction with the deceased.

(2) To declare that the Will Deed allegedly executed by Dr. Dattatraya Borkute dated 22.3.2018 is invalid document as same is not executed by free and disposable mind by the executor.

(3) To issue permanent injunction against the defendants restraining them from transferring or to create any third party right or interest or hand over possession to third persons of the properties given in the schedule of the plaint without just partition and separate possession thereof by themselves or through their servants, agent, assignees etc.

4. The respondents-original defendants filed application Exh.10 contending that the petitioner has claimed relief in respect of several valuable properties mentioned by him i

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