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2001 Supreme(Bom) 898

A.M.KHANWILKAR
Chembur Trombay Education Society and others – Appellant
Versus
D. K. Marathe and others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---Both the aforesaid appeals from order can be disposed of together by a common order, for they are between the same parties and are directed against the common order passed by the trial Court dated October 17, 1995. Appeal from Order No. 1260 of 1995 is directed against the order passed below Notice of No. 4762 of 1995 (hereinafter referred to as the former notice of motion for the sake of brevity) in Short Cause Suit No. 5470 of 1995, whereas appeals from Order No. 1256 of 1995 is directed against the order in Notice of Motion No. 4572 of 1995 (hereinafter referred to as the latter notice of motion for the sake of brevity) in Short Cause Suit No. 5935 of 1992. Both the abovesaid notice of motions were filed by the respondent (Shri D.K. Marathe) before the trial Court. By Notice of Motion No. 4762 of 1995 in Short Cause Suit No. 5470 of 1995, the said respondent (Shri D.K. Marathe) prayed for relief of injunction, whereas by Notice of Motion No. 4572 in Suit No. 5935 of 1992 he prayed for initiating appropriate action against the appellants in exercise of power under Order 39, Rule 2-A of the C.P.C. for having violated the decree passed by the trial
































































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