STATE OF MAHARASHTRA Vs. SADASHIV GANPAT AVHAD

JUDGEMENT

(1.) These Appeals have been referred to me by the Hon'ble the Chief Justice, pursuant to a Judgment and Order of the Division Bench of this Court due to their conflicting views, for deciding the question raised in their Judgment and Order dated 20th and 21st October, 2005 passed by the Division Bench in First Appeal No.251 of 1996 with First Appeal No.1476 of 1996; in accordance with the provisions of Section 98(2) of the Civil Procedure Code, 1908. There has been difference of opinion between two of my Learned Brother Judges R.M.S.Khandeparkar J. and V.M.Kanade J.

(2.) A brief summary of the facts of this case is as follows:

(3.) At this juncture, I deem it fit to first reproduce