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2015 Supreme(Bom) 2289

R.D.DHANUKA
Ramchandra Yeshwant Desai – Appellant
Versus
Krishna Sitaram Desai – Respondent


Advocates:
Advocate Appeared:
Mr. V.S. Gokhale for the Appellant
Mr. G.H. Keluskar for the Respondent

JUDGMENT :

1. By consent of the parties, both these second appeals are heard together and are disposed of by a common judgment.

2. The appellant no.1 in Second Appeal No.599 of 1993 was the original defendant no.1 before the trial Court and was appellant in Civil Appeal No.30 of 1985. The appellant nos.2 and 3 are the original defendant nos.2 and 3 respectively before the trial Court and were appellant nos.2 and 3 in Civil Appeal No.30 of 1985. The respondent nos.1, 2 and 3 were the original plaintiffs before the trial Court and were respondent nos.1, 2 and 3 in Civil Appeal No.30 of 1985.

3. Insofar Second Appeal No.598 of 1993 is concerned, the appellant to the said appeal was the original plaintiff before the trial Court and the appellant in Civil Appeal No.33 of 1985. The respondents to the second appeal were the original defendants before the trial Court and were the respondents in Civil Appeal No.33 of 1985. Common evidence was led by the parties in both the suits.

4. Some of the relevant facts for the purpose of deciding these appeals are as under :

The suit property which is the subject matter of both the proceedings is a portion of survey no.34, hissa no.4, admeasuring 9 guntha
































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