SATYANARAYAN Vs. BALAJI

JUDGEMENT

(1.) Since both these petitions raise similar question of fact and law, both were heard together and are being decided by this common judgment.

(2.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(3.) In both these writ petitions order dtd. 08/04/2005, passed by learned Civil Judge, Senior Division, Nanded, below Exhibits"" 153 and 155, in Special Civil Suit No.35/1986 (R.C.S. No.80/2000), is challenged. Original defendant No.1 has filed Writ Petition No.6448/2005, whereas original plaintiff No.3 has filed Writ Petition No.3760/2007. For the sake of convenience facts in Writ Petition No.6448/2005 are taken into consideration and the litigating parties are referred to as plaintiffs and defendants.