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2019 Supreme(SC) 1265

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Rameshchandra Daulal Soni – Appellant
Versus
Devichand Hiralal Gandhi (Dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi – Respondent


Advocates Appeared:
For the Appellant(s) :Siddharth Bhatnagar, Aditya Sidhra, Nirnimesh Dube, Siddhartha Dave, Dilip Annasaheb Taur, Jemtiben Saumya Gupta, Siddhant Krishna Dave, Advocates
For the Respondent(s):Uday B. Dube, Advocate

JUDGMENT :

A.S. Bopanna, J.

1. Though different orders, dated 20.07.2015 passed in CRA No.112/2012 and dated 15.10.2018 passed in CRA No.157/2018 are assailed in these two appeals, issues for consideration however arise out of the common lis between the parties based on the judgment passed in the Regular Civil Suit No.253/1989 to which the appellants in C.A. No.9834/2016 were defendants No.1 and 2 while the predecessor of appellants in C.A. No.8450/2019 was defendant No.5. Hence both these appeals were taken together for hearing and are being disposed by this common judgment. For the sake of convenience and clarity the parties would be referred in the same rank assigned to them in the suit. Since the claim of the appellants in C.A. No.8450/2019 is in the capacity of legal representatives of the deceased original defendant No.5, the case put forth by them will be considered by referring to them as defendant No.5.

2. The brief facts noticed for the purpose of disposal of these appeals is as hereunder. The property bearing S.No. 9/1/A measuring 22 guntas situate at Chahurana Bk., T


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