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Baba Suraj Gir And Ors. vs B. Bramh Narain Advocate And Ors. on 4 May, 1945 cites

Sakharam Daji Ganpule vs Ganu Raghu Gurao on 26 August, 1920

The same point is covered, though less directly, in Sukharam Daji v. Ganu Raghu ('21) 8 A.I.R. 1921 Bom. 297. For these reasons we think that it is not necessary for us to go into the facts since the appellant-plaintiffs can never in this suit establish the relief they seek. That relief is in effect inconsistent with the scheme which has been settled - a scheme by which they are themselves bound. If they had rights as they claim - we do not wish to be taken as deciding that they have - their remedy was to have asserted them by taking the proper steps in the Court which has seizin of the scheme. What they cannot do is in another Court to raise a claim which is inconsistent with and hostile to the scheme. This appeal must be dismissed with costs.
Bombay High Court Cites 4 - Cited by 12 - Full Document
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