JUDGMENT: - The petitioner in both the matters is a partner of M/s. Deep Enterprises. Respondent No.1 was also one of the partners of the firm besides one Smt.Asha Suresh Parekh who was the 3rd partner. The petitioner and the Respondent No.1 jointly purchased the property bearing Tikka No.5, CTS No.178 situated at Kharkar Ali, Thane on 10.4.1994. They executed a registered sale deed with the vendor i.e. Respondent No.2 herein. Thereafter the petitioner, Respondent No.1 and Asha Suresh Parekh formed a partnership firm i.e. Deep Enterprises which is in existence even today. Respondent No.2 executed a power of attorney in favour of the petitioner on 2.6.1999. This power of attorney authorised the petitioner to appear for Respondent No.2 before the Thane Municipal Corporation and other government & revenue authorities for development of the property. It appears that despite the sale deed executed in 1995, the property records continued to be in the name of Respondent No.2 and therefore, the power of attorney was executed in favour of the petitioner.

2. It appears that Respondent No.1 had a grievance against the petitioner that he had not furnished any details of the amounts rec

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