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HIGH COURT OF BOMBAY
Sarang V. Kotwal, J
Concord Co-operative Housing Society – Appellant
Versus
Amedmal Bhatewada (deceased) – Respondent
| Table of Content |
|---|
| 1. common questions of law established. (Para 1 , 2) |
| 2. ownership claims of involved parties. (Para 3 , 4 , 5 , 6 , 8) |
| 3. background on compromise disputes. (Para 9 , 10 , 12 , 13) |
| 4. legal implications surrounding the original plaintiff's death. (Para 16 , 20 , 21 , 22) |
| 5. nature of decree in partition cases. (Para 29 , 30 , 32) |
| 6. procedure for partition under section 54 c.p.c. (Para 39 , 40 , 41 , 42 , 46) |
| 7. final judgment and extension of interim relief. (Para 49 , 50) |
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.
2. I have heard Shri G.S. Godbole, learned Senior Counsel for the Applicants in CRA No.285/2022, Shri S. M. Gorwadkar, learned Senior Counsel for the Petitioner in WP No.6701/2022, Shri Anil Anturkar, learned Senior Counsel for the Petitioner in WP(St) No.13161/2022,
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