1/12 35 SA-172.21 (O).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO.172 OF 2021

ALONG WITH

INTERIM APPLICATION NO.1080 OF 2021

ALONG WITH

SECOND APPEAL NO.171 OF 2021

ALONG WITH

INTERIM APPLICATION NO.1079 OF 2021

Kisansingh Devisingh Bora

]

… Appellant

Vs.

Late Suresh Appaji Shirke

(since deceased) Through LRs Smita

Suresh Shirke & Ors.

]

]

]

… Respondents

…

Mr. Sandesh Patil i/b Mr. Chintan Shah for the appellant/applicant.

Mr. I.R. Kulkarni a/w Mr. Rashikant Thorve for the respondents.

…

CORAM

: SMT. BHARATI DANGRE, J.

DATED

: 11^TH APRIL, 2022.

P.C. :-

1.

These two appeals arise out of a common judgment

delivered by the appellate court on 04/02/2021, in two distinct

AJN

JAYARAJAN

ANJAKULATH

NAIR

Digitally signed by

JAYARAJAN

ANJAKULATH NAIR

Date: 2022.04.25

13:23:52 +0530

2/12 35 SA-172.21 (O).odt

appeals and since the issues involved are common and overlapping

and even the trial court has passed a common judgment in the two

distinct suits, the appeals are clubbed and the respective counsel

are permitted to advance their submissions in the two appeals.

2.

Special Civil Suit No.390 of 2001 came to be f