BHAGIRATH SHANKAR SOMANI Vs. RAMESHCHANDRA DAULAL SONI

JUDGEMENT

(1.) Considering the controversy involved in these Petitions, by consent of the Advocates appearing for the parties, the same were taken up for final disposal at admission stage. On 03rd May, 2007 I have heard the submissions of Shri Suresh Gole appearing for the Petitioners and Shri Rajesh Shah appearing for the first Respondent.

(2.) The Petitioners in the Writ Petition No. 2810 of 2007 are the original first and second Defendants in S.C. Suit No. 4138 of 1978 filed by the first Respondent herein. The second Respondent is the original third Defendant in the said suit. The Petitioner in Writ Petition No.2823 of 2007 is the original first Defendant in S.C. Suit No. 4137 of 1978 filed by the first Respondent. The second Respondent is the second Defendant in the said suit. Considering the controversy involved in these Petitions, it is not necessary to serve notice of these Petitions to the second Respondent in both the Petitions.

(3.) As stated earlier there are two suits filed by the first Respondent. The first suit (S.C. Suit No. 4138 of 1978) relates to shed No.44 in Onkar Industrial Estate, Shri Hanuman Silk Mill Compound, Kanjur Marg, Mumbai 78. The second suit (S.C. Suit No. 4137 of 1978) relates to shed No.23, 12A in the same Onkar Industrial Estate. The contention raised by the first Respondent in both the suits is that the sheds subject matter of the suits were acquired Page 1392 on ownership basis by the first Respondent from the second Respondent. The first Petitioner in Writ Petition No.2810 of 2007 is the husband of the second Petitioner. The suits were filed by the first Respondent for declaration that the Petitioners are the trespassers in respect of said two sheds. A decree for possession was also prayed for in the said suits.