BHUPATAJI BADARJI THAKARDA Vs. ARVINDKUMAR NARMADASHANKER JOSHI

JUDGEMENT

(1.) HEARD Shri Chirag M.Pawar, learned counsel for the appellants and Mr.Mehul S. Shah, learned counsel for the respondent No.1. None for the other respondents, though served.

(2.) IT is to be noted that the appellant No.2 had died and some officer of this Court, without appreciating the earlier orders made by this Court, made an amendment in the cause title by substituting the names of legal representatives of the appellant No.2. The said names were ordered to be deleted by this Court by its order dtd.9/11/2006, under the circumstances, neither the appellant No.2, nor his legal representatives are on records.

(3.) THE two appellants (appellant No.2, since deleted) had filed the present Second Appeal, being aggrieved by the judgment and decree passed by the first appellate court, which had confirmed the judgment and decree passed by the learned trial court in a suit for declaration and injunction.