GOPAL KESHAV MAINKAR Vs. MEDHA SUBHASH MAINKAR

JUDGEMENT

(1.) Notice before admission was issued in this Second Appeal. In the order dated 9th February, 2013 (Coram: R.M. Savant, J.), it was mentioned that efforts would be made to hear and decide the Second Appeal finally at the stage of admission. The Respondents appeared before the Court through Mr. M.S. Gandhare, Advocate. This Second Appeal was adjourned from rime-to-time for final disposal. It was taken up for final hearing on 1st February, 2013. It was argued on 4th February, 2013 and posed for Judgment on 6th February, 2013. On 4th February, 2013 learned Advocate Mr. Gandhare appearing on behalf of Respondents stated that he wanted to address the Court on some important points. Hence, this appeal was adjourned to today at 4.00 p.m. it was called out today and I have heard Mr. Kulkarni, learned Advocate for the appellants as well as Mr. Gandhare, learned Advocate for the respondents and it is in these circumstances, the Second Appeal is taken up for disposal.

(2.) On consideration of points involved, the Second Appeal is admitted. Mr. Gandhare, learned Advocate for the respondents waives service. By consent it was taken up for final hearing. The appeal is admitted.

(3.) Few facts necessary for the disposal of this Second Appeal are as under: