AMBADAS Vs. MEERA
LAWS(BOM)-2022-3-180
HIGH COURT OF BOMBAY
Decided on March 24,2022

Ambadas Appellant
VERSUS
MEERA Respondents

JUDGEMENT

NITIN B.SURYAWANSHI,J. - (1.)The Petitioners are aggrieved by the order passed by the Civil Judge Junior Division, Shrigonda, below Exhibits- 22 and 24 in Regular Civil Suit No. 317/2020.
(2.)Regular Civil Suit No. 310/2019 is filed by the Petitioner No. 1 against the Petitioners No. 2 to 11 and Respondents No. 1 and 2 for partition, separate possession, declaration and injunction in respect of ancestral property mentioned in the plaint. The defendants appeared in the suit and contended in the written statement that they have sold part of the suit property on 11/2/2020 to respondents No. 1 and 2. The petitioner No. 1 amended the suit and arrayed the respondents No. 1 and 2 as defendant Nos. 10 and 11 and sought relief that the sale deed executed in favour of respondents by the original defendants No. 1 and 2 dtd. 10/2/2020 and 11/2/2020 be declared null and void as the same is hit by principle of lis pendens and the same is not binding on 1/6th share of the petitioner No. 1. The amended copy of the plaint was filed on 18/2/2022.
(3.)The respondents filed Regular Civil Suit No. 317/2020 seeking permanent injunction in respect of portion of Gut No. 245 purchased by them from defendants No. 1 and 2 in Regular Civil Suit No. 310/2019. The said Gut No. 245 is also mentioned as suit property in Regular Civil Suit No. 310/2019. The petitioners resisted this suit by filing the written statement.


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