KRISHNA LAXMAN BHATKAR Vs. VITHAL GANESH ATHAVALE

JUDGEMENT

(1.) HEARD counsel for the appellants and the respondent.

(2.) MIS Second Appeal is filed by the original defendant. The Plaintiff had filed a suit against him for getting possession of the half of the land vide Suit NO. 10 of 1985 before the civil Judge, Senior Division, Ratnagiri. This suit was decreed with costs and the defendant was directed to deliver possession. The defendant preferred appeal against the said judgment and decree before the District Judge, Ratnagiri. His appeal was dismissed and the decree of the trial court was confirmed, hence this second Appeal.

(3.) AT the time of admission of this appeal ground Nos. 24 and 25 which appear to have been added were considered grounds involving substantial questions of law. Thereafter Justice chitre, passed an order dated 18. 3. 2oo2 found that no substantial questions of law were formulated, he therefore formulated three questions as substantial questions of law. They are as under :