IN THE COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW PETITION (ST)NO. 34950 OF 2004 WITH CIVIL APPLICATION NO. 4433 OF 2005 IN SECOND APPEAL NO. 223 OF 1989 Jagannath S/o Tatya Bhosle .. Applicant V E R S U S Bhaskar S/o Vitthal Bhosale and others .. Respondents .... Mr.A.G.Dalal Advocate h/f Mr.G.V.Patil Advocate for applicant. Mr.S.T.Ghute,h/f Mr.T.S.Ghute,Advocate for respondent Nos.1 to 3. .... CORAM : A.V.NIRGUDE, J. DATE : 1st October,2009. PER COURT : 1. Heard. 2. This review is sought by the appellant in Second Appeal No. 223 of 1989. The appellant had challenged the judgment and decree passed by the learned District Judge Osmanabad in Regular Civil Appeal No.71 of 1982. The respondent Nos.1 to 3/original plaintiffs were aware that the judgment and decree passed in Regular Civil Appeal No.71 of 2 1982 was challenged in two more second appeals [(1)Second Appeal No. 258 of 1992 and (2) Second Appeal No. 294 of 1992]. Despite of this, when present appeal was taken up for hearing and was decided by judgment on merits on 23rd September,2004, neither the appellant nor respondents informed the learned Judge of this Court that other two cognate appeals were pending. The other two cognate appeals are still pending. Had the learned Judge of this Court been informed about the pendancy of other two appeals, he would have certainly decided all appeals at one time. Obviously, in situation like this, the cognate appeals arising from one judgment and decree deserved to be decided by one Judge at one time. In absence of this necessary exercise the impugned judgment dated 23rd September,2004 deserves to be reviewed and set aside. The Review application is, therefore, allowed. The appeal shall be heard alongwith other two cognate appeals. Hearing of the appeal is expedited. All appeal shall appear on the board of 15th October, 2009. 3. In view of this, execution of the impugned judgment and decree in Regular Civil Appeal No.71 of 1982 shall stand in abeyance till further order. ( A.V.NIRGUDE, J.) MTK/RAst.34950.04