JUDGMENT - Madon C. J.-This second appeal is filed against the judgment and decree in first appeal of the District Judge, Nanded, from the decree in a suit decided by the Joint Civil Judge, Junior Division, Nanded. When this second appeal reached hearing before Masodkar J., in view of the fact that an earlier second appeal being Second Appeal No. 619 of 1971 in which an identical question of law was raised has been referred to a Division Bench by S. K. Desai J., Masodkar J., also passed an order directing that this second appeal should be heard along with Second Appeal No. 619 of 1971. The said Second Appeal No. 619 of 1971 reached hearing before a Division Bench consisting of Chandurkar and Bhonsale JJ., who, in view of the conflict between the judgments of two different Division Benches of this High Court, framed a question of law and referred it for decision by a larger Bench. Parties to the said Second Appeal No. 619 of 1971, however, compromised the said appeal. Meanwhile, the present appeal reached hearing before Shah and S. J. Deshpande JJ., who, in view of the aforesaid order of reference to a Full Bench made by Chandurkar and Bhonsale JJ. also referred the present appeal t

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