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ALOK ARADHE, VIVEK AGARWAL
Vijay and Sons, Mungaoli – Appellant
Versus
Shivpuri Guna Kshetriya Gramin Bank – Respondent
Aradhe, J. -- 1. In this bunch of appeals, since common question of law and facts arise for consideration, they are heard analogously and are being decided by the common judgment and decree. First Appeal No.144/2007 as well as First Appeal No.444/2006 have been filed by defendant No.1 being aggrieved by the judgment and decree passed in Civil Suit No.3-B/2002 and judgment and decree passed in Civil Suit No.4-B/2002 respectively, by which the claim of the plaintiff-Bank has been decreed. First Appeal No.166/2006 and First Appeal No.167/2006 have been filed by the plaintiff-Bank against the judgment and decree passed in the aforesaid civil suits, by which the defendant No.2 has been exonerated from 1+1/5 liability. In order to appreciate the challenge of the parties to the impugned judgments and decrees, relevant facts need mention which are stated infra.
2. The respondent No.1, namely Shivpuri Guna Kshetriya Gramin Bank, is a Bank incorporated under the Kshetriya Bank Adhiniyam, 1976 and has its branch at Mungaoli, District Guna. The plaintiff-Bank filed a suit, namely, C
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