SAINATH VASSANT NAIK GAONKAR Vs. K.K. DANIEL

JUDGEMENT

(1.) HEARD Mr. Shivan Desai, learned counsel appearing for the appellants, Mr. C. A. Coutinho, learned counsel appearing for the respondent No. 1 and Mr. A. F. Diniz, learned counsel appearing for the respondent No. 2.

(2.) THE above appeal has been admitted on the following substantial questions of law by an order dated 02.12.2008.

(3.) MR . Coutinho and Mr. Diniz, learned counsel appearing for the respective respondents have opposed the said prayer of Mr. Desai, learned counsel appearing for the appellants. It is submitted by the learned counsel that the said substantial question of law does not at all arise in the present Second Appeal as in any event, it is essentially a question of fact which cannot be appreciated by this Court in the present Second Appeal.