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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.307 OF 2021

Tejnarayandas Guru Mahant Shyamaldas

& Anr. .. Applicants
Versus
Chandradevdas Gurukamaldas @
Chandradevdas Gurukamaldas & Ors. .. Respondents
WITH
WRIT PETITION (ST) NO.23364 OF 2021
Tejnarayandas Guru Mahant Shyamaldas
& Anr. .. Petitioners
Versus
Chandradevdas Gurukamaldas @
Chandradevdas Gurukamaldas & Ors. .. Respondents
…
Mr.Vijay Killedar for the Applicants in CRA/307/21 and for the
Petitioners in WPST/23364/21.
Mr.Rajesh S. Datar i/b Mr.Akshay J. Kandarkar for the
Respondent No1 in CRA/307/21 and in WPST/23364/21.
Mr.G.S.Bhat for the Respondent Nos.2 and 3 in CRA/307/21
and in WPST/23364/21.
...

CORAM: BHARATI DANGRE, J.

DATED : 22nd DECEMBER, 2021

P.C:-

1. Despite settlement being effected between the plaintiffs

and defendant No.1 in Special Civil Suit No.214 of 2012, the

M.M.Salgaonkar

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said settlement was not accepted by the learned Civil Judge,

Senior Division, Kalyan on 29/10/2021 and he refused to pass
a compromise decree on the ground that in absence of
successor of deceased Mahant Shyamaldas being declared, the
partition of properties, as attempted, cannot be fnally
determined. Another reason cited is, defendant Nos.4 and 5
are not parties to the said compromise.

2. In the wake of the above, it is necessary to hear

defendant Nos.4 and 5, since it is informed that respondent
No.5 himself has instituted a separate suit for specifc
performance. Hence, issue notice to respondent Nos.4 and 5.
Notice is made returnable on 25/01/2022.

Hamdast granted.

3. Re-notify for 25/01/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar

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