BALCRISHNA SHIVRAM NAIK Vs. SANTOSH NARAYAN DESSAI

JUDGEMENT

(1.) Both the above appeals were admitted on 17/03/2009 on the following substantial questions of law:

(2.) I have heard Shri Shivan Desai, learned Counsel appearing for the appellants and Shri P.A. Kamat, learned Counsel appearing for the respondents.

(3.) During the course of the hearing of the above appeal it was pointed out by Shri Shivan Desai, learned Counsel for the appellants that during the pendency of the above appeal the appellants filed an application under Order 41 Rule 27 of the Civil Procedure Code to rely upon the judgment and decree dated 17/04/2012 passed in Regular Civil Appeal No.147/2011, which according to him was in respect of the disputed property. The learned Counsel further pointed out that the findings in the said judgment conclusively establish the ownership of the appellants over the disputed property.