(1.) Learned counsel appearing for the parties had submitted that instead of passing any order on the stay application, the matters may be finally heard. Hence, the matters were listed for final disposal. By consent of counsel for respective parties, the matters are taken up for final disposal.
(2.) Since the Appeals and the Civil Applications involves the common issue and the common impugned order, same are disposed of by common judgment.
(3.) The Appellants had preferred these First Appeals challenging the impugned judgment and order dated 16th September, 2016 passed by the Joint Civil Judge Senior Division, Thane below Exhibit 365 in the proceedings arising out of Special Darkhast No.104 of 2010 by which the learned Judge has allowed the application preferred by respondent no.1 (hereinafter referred to as "the decree holder", for the sake of brevity).