SAVITA VIJAYKUMAR GUMTE Vs. SHIVAJI MALU HARALE

JUDGEMENT

(1.) Heard learned counsel for petitioner.

(2.) Though the respondents are served, they have not caused their appearance.

(3.) Petitioner (plaintiff) instituted Special Suit No. 156 of 2010 new no. 303 of 2012 ('previous suit' for short) for specific performance of contract dated 04.03.2005, against Shivaji Harale. Shivaji passed away on 02.05.2011 and thereupon his wife and others were brought on record as his legal representatives, as defendants. These defendants brought Regular Civil Suit No. 579 of 2012 (subsequent suit) for declaration that contract dated 04.03.2005 executed by Shivaji in favour of plaintiff, was security documents against the loan.