Abdul Qadeer Abdul Shakur vs Janabai Kisanrao Mhaske Advocate - RUNWAL J. P. — 200075/2012

Disposed: Contested--DISMISSED on 20th March 2026.

R.C.S. - Regular Civil Suit

CNR: MHJN020001512012

Case disposed

Filing Number

200075/2012

Filing Date

04-02-2012

Registration No

200075/2012

Registration Date

04-02-2012

Court

Civil Court Senior Division , Jalna

Judge

14-3rd Joint Civil Judge Junior Division

Decision Date

20th March 2026

Nature of Disposal

Contested--DISMISSED

Petitioner(s)

Abdul Qadeer Abdul Shakur

Adv. MUKIM L.P.

Respondent(s)

Janabai Kisanrao Mhaske Advocate - RUNWAL J. P.

Ramrao

Balasaheb

Babasaheb

Hearing History

Judge: 14-3rd Joint Civil Judge Junior Division

20-03-2026

Disposed

16-03-2026

Citation

11-03-2026

Judgment

16-02-2026

Judgment

21-01-2026

Arguments

Final Orders / Judgements

20-03-2026
Copy of Judgment

Case Summary: RCS 75/2012 Court Decision: The suit is dismissed with costs. Key Reasoning: The court rejected the plaintiff's claim for declaration of ownership and possession of a 7-acre agricultural property (Survey No. 176, Kumbefal, Jalna). The court found that: (1) the plaintiff failed to prove the sale deed was an absolute conveyance rather than a security document for a Rs. 45,000 loan, as the attesting witnesses' prior depositions confirmed the defendant executed it only as loan security; (2) the plaintiff did not testify personally despite being the suit-filer, rendering evidence of his power-of-attorney holder unreliable; and (3) the suit was barred by the law of limitation, res judicata doctrine, and CPC Order II Rule 2, as the plaintiff had previously filed related suits (RCS 90/2003 and RCS 442/2007) on the same property and cause of action but failed to claim declaration relief then. This case analysis is maintained by casestatus.in based on publicly available court records.

Interim Orders

casestatus.in Summary

Case Summary: RCS 75/2012 Court Decision: The suit is dismissed with costs. Key Reasoning: The court rejected the plaintiff's claim for declaration of ownership and possession of a 7-acre agricultural property (Survey No. 176, Kumbefal, Jalna). The court found that: (1) the plaintiff failed to prove the sale deed was an absolute conveyance rather than a security document for a Rs. 45,000 loan, as the attesting witnesses' prior depositions confirmed the defendant executed it only as loan security; (2) the plaintiff did not testify personally despite being the suit-filer, rendering evidence of his power-of-attorney holder unreliable; and (3) the suit was barred by the law of limitation, res judicata doctrine, and CPC Order II Rule 2, as the plaintiff had previously filed related suits (RCS 90/2003 and RCS 442/2007) on the same property and cause of action but failed to claim declaration relief then. This case analysis is maintained by casestatus.in based on publicly available court records.

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