PREMCHAND LAKICHAND JAIN Vs. BANSILAL MANIKCHAND JAIN

JUDGEMENT

(1.) The appellant, who was the original defendant, had impugned the judgment and decree of the learned Civil Judge Junior Division, Jamner, passed in R.C.S. No.27 of 1982, dtd. 26/7/1988 and of the learned District Judge-5, Jalgaon passed in R.C.A. No.256 of 1988, dtd. 30/6/2022.

(2.) The appellants would be referred to as the 'defendants', and respondents as the 'plaintiffs'.

(3.) Both plaintiffs and defendants died and their legal representatives continued the suit. This appeal is a second round of litigation. Against the judgment and decree of the Trial Court, the first appeal bearing R.C.A. No.256 of 1988 was preferred. It was decided on 1/2/1993. Against the said judgment and decree of the First Appellate Court, Second Appeal No.325 of 1993 was preferred. It was decided on 9/9/2021. This Court had set aside the judgment and decree of the First Appellate Court passed in R.C.A. No.256 of 1988 dtd. 1/2/1993 and relegated the matter to the First Appellate Court for de novo consideration of the appeal with a direction to frame appropriate points for determination in compliance with Order XLI Rule 31 of the Civil Procedure Code and decide the matter on merits. In view of the order of this Court, the First Appellate Court framed in all 21 points for determination and passed the impugned judgment and decree on 30/6/2022.