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2023 Supreme(Online)(Bom) 1055

HIGH COURT OF BOMBAY
Sarang V. Kotwal, J
Concord Co-operative Housing Society – Appellant
Versus
Amedmal Bhatewada (deceased) – Respondent


Advocates:
For the Appellants/Petitioners: G.S. Godbole, S. M. Gorwadkar, Anil Anturkar, R. D. Soni, Virag Tulzapurkar, Surel Shah, Mayur Khandeparkar
For the Respondents: Shon Gadgil, Umesh Mankapure, Sugandh Deshmukh, Irvin D’Souza, Vaibhav Thorve, Harshvardhan Suryavanshi, Karan Parmar, Chaitanya Nikte, Hitanshu Jain

Table of Content
1. common questions of law arising in multiple cases. (Para 1 , 2)
2. historical ownership and litigation related to the properties. (Para 8 , 9)
3. importance of documents overlooked by the court. (Para 10 , 11 , 12)
4. arguments about locus standi concerning legal heirs. (Para 15)
5. impacts of the alleged satisfaction of decrees over property rights. (Para 16 , 19)
6. court's observations on procedural adherence and limitations. (Para 27 , 28)
7. nature of applications made under cpc provisions. (Para 30 , 31)
8. differences between preliminary and final decrees. (Para 32 , 34)
9. final determination of precedents concerning petitioner's arguments. (Para 45 , 46)
10. final ruling confirms lower court's decision. (Para 47 , 48 , 49 , 51)

JUDGMENT:

1. All these matters are decided by this common judgment because all the parties agree that all these matters involve common questions of law and are based on the common history regarding the facts and the disputed facts. In all these matters, notices were issued for final disposal. All the parties were duly served with such notices and learned Counsel appearing before me agree that the matters can be decided finally at this stage.

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