LAWS(BOM)-2023-12-208

GANESH SAMPATRAO KENDRE Vs. SHOBHA DEEPCHAND RATHI

Decided On December 01, 2023
Ganesh Sampatrao Kendre Appellant
V/S
Shobha Deepchand Rathi Respondents

JUDGEMENT

(1.) Heard the learned counsel for the applicants and the learned counsel for the respondents.

(2.) Respondent No. 1 Shobha Rathi had filed a suit for partition. She was the daughter of the deceased, who had alienated the suit land before 20/12/2004 to respondents/ defendants Nos. 3 and 4. Subsequently, defendants Nos. 3 and 4 alienated the suit land to the present petitioners/applicants.

(3.) The present applicants had moved an application under Order VII Rule 11 of the Civil Procedure Code based on the judicial pronouncement of the Supreme Court in the case of Prakash and others Vs. Phulavati and others ; 2016 (1) Mh.L.J. 1.