MAHADEO GANPAT SAWARKAR Vs. SHAKUNTALABAI VISHWASRAO GAWANDE

JUDGEMENT

(1.) The appellant is the original plaintiff and the respondents are the original defendants. For the sake of convenience, the parties shall be referred to as 'plaintiff' and 'defendants'.

(2.) The plaintiff had filed a suit for declaration of his ownership and for possession of the suit property which consisted of suit fields and a house and for mesne profits. The trial Court partly decreed the suit and directed the defendants to deliver the vacant possession of the suit house to the plaintiff. However, his claim in respect of the field property mentioned in Schedule 'A' of the plaint was rejected. Both the plaintiff and defendants preferred an appeal before the Additional District Judge. However, both the appeals were dismissed by the lower Appellate Court. Two second appeals were filed, one by the plaintiff and other by the defendants. It is an admitted position that the second appeal filed by the defendants was summarily rejected. The second appeal filed by the plaintiff was admitted on 4 -12 -1990 on the grounds enumerated at Serial Nos. 1, 2 and 4 in the appeal memo. The defendants have also filed cross -objection. However, cross -objection will not survive in view of the substantive second appeal being dismissed by this Court.

(3.) Brief facts are as under: