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2004 Supreme(Bom) 952

ANOOP V.MOHTA
Deputy Commissioner of Sales Tax & others – Appellant
Versus
Narendrakumar Devendrakumar Purohit & others – Respondent


JUDGMENT - MOHTA ANOOP V., J.: - These second appeal's have been filed by the original appellants/defendants Nos. 1 to 4, and thereby, challenged the judgment and decree dated 20th February, 1990, passed in the Regular Appeal No. 10 of 1983, by the Additional Judge Buldana, which arose out of the common judgment and decree passed in R.C.S. Nos. 132 to 135 of 1980, dated 16th October, 1985, passed by Civil Judge, S.D. Buldhana and thereby, directed the appellant herein to deliver the vacant possession of the suit property to the respective respondents (original plaintiffs).

2. All these second appeals have been filed by the appellant, are based on common judgment and decree dated 19-10-1985, passed in suits in question. The common and basic facts and law are also common. The appellants, had filed common defence in all the matters. Therefore, common issues had been framed in all the above suits. All these appeals were admitted on the points mentioned in the respective memo of appeal. There were no question of law framed, while admitting the second appeals.

3. Heard the learned A.G.P. Mrs. Dangre, appearing for the appellant and Mr. M.S. Gupta appearing for the contesting respondents a



























































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