JUDGMENT - VAGYANI B.B., J.:-Heard.

2. Rule. Rule made returnable forthwith. With consent of the parties, taken up for final hearing.

3. The point involved in both the writ petitions is similar in nature and, therefore, both the writ petitions are disposed of by common judgment.

4. The respondent Sahebrao Dagaduba Khandwe, r/o Shindphal, Tq. Sillod, District Aurangabad (respondent in Writ Petition No. 4700 of 2003) has filed Regular Civil Suit No. 77 of 2003 against the petitioner claiming specific performance of agreement and actual possession of the suit property. Bhagwan Mitharam Chaudhari, r/o Bahadurpura, Tq. Parola, District Jalgaon (respondent in Writ Petition No. 4688 of 2003) has filed Regular Civil Suit No. 76 of 2003 against the very petitioner claiming specific performance of contract and possession of the suit property. The suit summons in Regular Civil Suit Nos. 77 of 2003 and 76 of 2003 were duly served on the original defendant Prabhakar Mule (petitioner in both the writ petitions). The original defendant was supposed to appear before the Court on 30-4-2003.

5. In response to the suit summons, the defendant appeared in the suit. However, he did not file written statemen

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