1 fa41-03operative part j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO.41 OF 2003 WITH CROSS OBJECTION ST. NO. 24604 OF 2011 Ahmedshah Usmanshah Sayyad .. Appellant (Orig. Defendant) V/s. Sirajoddin Burhanoddin Shaikh .. Respondent (Orig. Plaintiff) WITH WRIT PETITION NO. 193 OF 2001 Sirajoddin Burhanoddin Shaikh & Ors. .. Petitioners (Orig. Defendant Nos. 1 and 2.) V/s. Ahmedsha Usmansha Sayyed .. Respondent (Orig. Plaintiff) ..... Mr. I. S. Thakur for the appellant in Appeal and respondent in Writ Petition. Mr. Uday Warunjikar i/b. Mr. Shrishail Sakhare for the respondent in Appeal and for petitioners in Writ Petiton. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 16, 2011. OPERATIVE PART OF THE JUDGMENT : For the reasons recorded separately I pass the following order: :: O R D E R :: i. The impugned Judgment and decree dated 2 fa41-03operative part j 20th February, 2002 passed by the learned Civil Judge Senior Divisions, Solapur in Special Civil Suit No.316 of 1999 is set aside and the said suit stands dismissed with no order as to costs. ii. The decree passed by the Joint Civil Judge, Senior Division, Solapur in Special Civil Suit No. 679 of 1998 is hereby confirmed and the Writ Petition is rejected. The decree shall become executable after a period of ten weeks. iii. Rule in Writ Petition is discharged with no order as to costs. iv. For the reasons recorded in the Judgment, Civil Application No.280 of 2011 is allowed and time for filing Cross-Objection is extended. v. First Appeal is accordingly allowed with no order as to costs. vi. Cross–Objection Stamp No. 24604 of 2011 stands dismissed with no order as to costs. (A.S.OKA, J.) 3 fa41-03operative part j