3 Second Appeal No.843 of 2018 has been filed by the original
plaintiffs challenging the concurrent findings in Regular Civil Appeal
No.164/2012 by learned Adhoc District Judge-3, Beed dated 21.08.2018,
wherein the Judgment and decree passed by learned Civil Judge Senior
Division, Beed in Special Civil Suit No.68/2006 dated 20.04.2010 was
challenged. The said suit was filed by the present appellants for specific
performance of the contract.
4 Since the basic pleadings of the parties in all the matters is one
and the same, at this stage of admission they are commonly dealt with.
5 Heard learned Advocate Mr. A.N. Kakade for the appellants in all
the three matters and learned Advocate Mr. G.K. Thigale (Naik) for
respondent in Second Appeal Nos.841 of 2018 and 842 of 2018. He has
made submissions in Second Appeal Nos.842 of 2018 and 843 of 2018, also
though he made submissions in respect of Second Appeal No.841 of 2018 he
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4 SA_841,842,843_2018
has not filed his appearance. It will not be out of place to mention here that
Second Appeal Nos.841 of 2018 and 842 of 2018 are arising out of same
Judgment of the Trial Court, but then plaintiff as well as defendants had filed
the appeal and those two separate appeals have been decided by two
separate Judgments and therefore, there will not be any hurdle to observe
that learned Advocate Mr. G.K. Thigale (Naik) has argued for the respondent
in Second Appeal No.841 of 2018 also.