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2001 Supreme(Bom) 111

A.M.KHANWILKAR
Vasant Mahadev Pandit & others – Appellant
Versus
Zaibunnisa Abdul Sattar Dhuru & another – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---Both these writ petitions are directed against the judgment of the Addl. District Judge, Thane dated 2-9-1993 in Civ. Appeal No. 295 of 1989.

2. Both these writ petitions can be disposed of by a common judgment as they relate to the same suit property between the same parties arising from the suit instituted by the respondent No. 1.

3. Briefly stated, the respondent No. 1 herein filed suit against (1) Vasant Mahadev Pandit petitioner No. 1 in W.P. No. 4171 of 1993; (2) Laxman Mahadev Pandit brother of Vasant Pandit and husband of Sunanda Pandit petitioner No. 2 in Writ Petition No. 4171 of 1993; and (3) V.R. Salvi father of the petitioner in Writ Petition No. 4195 of 1993. The said suit was filed before the Civil Judge, S.D., Pune being R.C. Suit No. 759 of 1977 for possession of the suit property bearing Tika No. 3 City Survey No. 243, Mahagiri, Thane. The gravemen of the ground in the said suit was that the suit premises were let out to Vasant Pandit defendant No. 1 for residence, however, he left the suit premises and inducted his brother Laxman original defendant No. 2 and Mr. V.R. Salvi defendant No. 3 the father in law of his another brother
















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