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2024 Supreme(Bom) 1069

M. M. SATHAYE
Yashwant Chandrakant Patil – Appellant
Versus
Mukund Nethaji Shelke – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajay Panicker
For the Respondents: Balkrishna Joshi, Virendra Pethe

JUDGMENT :

M.M. SATHAYE, J.

1. This Appeal is filed challenging the judgment and decree dated 7 March 1986 passed by the Judge, City Civil Court, Bombay in S.C. Suit No. 6153 of 1980. The Appeal is filed by the Plaintiff. By the said Judgment and Decree, the suit filed by the Appellant/Plaintiff is dismissed. For the sake of convenience the Appellant is hereinafter referred to as the Plaintiff and the Respondent is hereinafter referred to as the Defendant in their original capacity in the suit.

2. The Plaintiff filed the said suit claiming to be the owner of the business of a printing press, which he has been carrying in the name and style of “Yeshwant Printing Press” in the suit premises (“the suit business” for short). The description of the suit premises given in the Plaint is only the description of the plot on which the suit building is standing. It is stated to be plot No. 8, Sai Niwas Plot, Netaji Baug, Agra Road, Opposite A.P.I. Company, Bhandup, Bombay-400078. The Plaintiff claims to be the owner of the machinery, furniture, fixtures and other connected things with the said printing press. He claims to have all relevant licenses required for carrying on the suit business. He

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