DEVAPPA LAXMAN GAUNKAR Vs. BALKRISHNA NILU GAUNKAR

JUDGEMENT

(1.) HEARD Mr. R. G. Ramani, learned counsel appearing for the appellants, Mr. Sudesh Usgaonkar, learned counsel appearing for the respondent nos.1(A) to 1(L) and Mr. P. Kamat, learned counsel appearing for the respondent nos. 5(a) and 5(b).

(2.) THE above appeal came to be admitted by an order dated 07.01.2009 on the following substantial questions of law : (1) Whether the Trial Court fell in error in holding that the plaint did not disclose the cause of action ? (2) Whether the Trial Court fell in error in holding that the suit was barred by limitation particularly, when the appellants were claiming only declaration and not possession ?

(3.) BY consent, though Mr. Usgaonkar, learned counsel appearing for the respondent nos.1(A) to 1(L) has seriously disputed that such substantial question of law arises in the present appeal considering that the matter is being heard for final hearing the appeal is also being examined on the said substantial question of law.