GENBA SAHADU MODAK Vs. SURYAKANT VITTHAL MODAK

JUDGEMENT

(1.) Both these review petitions are being disposed of by this common judgment.

(2.) Heard learned counsel for the petitioners in both petitions. Perused the record.

(3.) The petitioner Genba in both review petitions is the original plaintiff in regular Civil Suit No. 897 of 1990 for partition and separate possession, and original defendant in Regular Civil Suit No. 1481 of 1988. Both suits were decreed by the Trial Court. The civil appeal was preferred by the original defendants against the order passed in r. C. S. No. 897 of 1990 (wherein present petitioner Genba was the respondent) bearing civil Appeal No. 630 of 2000 came to be allowed by order dated 12.3.2002 of the Ad- hoc Dist. Judge, Pune, and against the lower appellate Court's order Second Appeal No. 1134 of 2004 was filed. Another civil appeal was preferred by the original defendants against the order passed in R. C. S. No. 1481 of 1988 (wherein present petitioner Genba was the appellant) bearing Civil appeal No. 627 of 2000 which came to be dismissed against which the Second Appeal no. 1135 of 2004 was filed.