JUDGMENT :

1. The appellants in both these appeals have challenged the common judgment and order dated 18.09.2015 passed by the learned Principal District Judge, Jalgaon (hereinafter referred to as “the learned lower Court”) in Regular Civil Appeal No. 27/2002 arising out of judgment and decree dated 23.11.2001 passed by the learned 4th Joint Civil Judge (Senior Division), Jalgaon in Regular Civil Suit No.62/1990 and Regular Civil Appeal No. 137 of 2014 arising out of judgment and decree dated 28.06.1995 passed by the learned Civil Judge (Senior Division), Jalgaon in Special Civil Suit No. 159/1990. Under the impugned common judgment, the learned lower Court has remanded both the aforesaid civil suits for deciding afresh by common judgment to the Court of Civil Judge (Senior Division), Jalgaon.

2. The background facts leading to these appeals are as under :

One Pralhad had fled Misc. Civil Application No.102/1987 and sought permission from the concerned Court to sue as an indigent person. The application was allowed and his suit was registered as Special Civil Suit No.159/1990. In