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2005 Supreme(Bom) 1744

Aslam Umar Shaikh – Appellant
Versus
Raza Shah Fakir Takiya and Masjid Trust – Respondent


( 1 ) ALL these first appeals are filed by the respective appellants / original defendant No. 6, whereby challenge has been made to the judgment and decree dated 12th March, 1993 passed by the Additional district Judge, Pune in Civil Suit No. 6 of 1987, civil Suit No. 10 of 1987, Civil Suit No. 19 of 1987, Civil Suit No. 4 of 1987 and Civil Suit No. 23 of 1987 respectively whereby, the suits filed by respondent No. 1 Trust, along with other Trustees, have been decreed in respect of the suit premises described in the respective plaint. It has been further declared that defendant / appellant has no right, title and interest in the suit premises to retain the possession of the suit premises. The appellant / defendant No. 6 has been directed to hand over vacant and peaceful possession of the suit premises described in the plaint within three months, failing which it has been further directed that Trust to recover the possession through court. The order of mesne profits as contemplated under Order 20 rule 12 (1) (c) of the code of Civil Procedure (for short "c. P. C. ") has also been passed.

( 2 ) THE appellants, therefore, being aggrieved by the same, preferred these separate appeals.

























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