TUKARAM REKHA (REKHU) RATHOD Vs. SHAM BALKRISHANRAO SELUKAR

JUDGEMENT

(1.) Taken up for final hearing with the consent of the parties.

(2.) Both appeals are admitted on the substantial questions emanating in order dtd. 15/2/2008, which can be summarized as follows :

(3.) Both the second appeals are emanating from decision of the Trial Court in Spl. C. S. No. 25 of 1990 rendered on 30/3/1992 decreeing the suit. Being aggrieved R.C.A. No. 82 of 2001 was preferred by original plaintiffs and cross objection was preferred by the defendants - purchasers. By common judgment dtd. 30/7/2005 appeal as well as cross objection were dismissed, but judgment of the Trial Court was marginally modified. Against the judgment, Second Appeal No. 1705 of 2005 is preferred by the defendants - purchasers and Second Appeal No. 109 of 2014 is preferred by the original plaintiffs. I propose to refer the papers of Second Appeal No. 1705 of 2005 and the parties therein as per their original status in the suit.